Terms & Conditions

Last updated 9 July 2020

Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement. You, whether personally or on behalf of an entity (“you”) are making this agreement. Your agreement is with Linda Winter Artist (“I”, “me”, or “my”). This agreement is about:

  1. Your access to and use of the Linda Winter Artist website; also
  2. Any other media form or channel, mobile website or related mobile app, linked, or otherwise connected.

In this agreement “Site” means both 1 and 2 of the above. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms. If you do not agree with all these Terms then you have one option. That option is to stop using the Site. Without your full agreement to these Terms I prohibit you from accessing the Site.

Extra Terms and Changes

At any time I may post pages or documents with extra Terms on the Site. Any such extra Terms that I reference from this document are also part of this agreement. I reserve the right, in my sole discretion, to make changes to these Terms. Such changes may be made at any time and for any reason. I will alert you about any changes by updating the “Last updated” date of these Terms. Also you waive any right to receive specific notice of each such change. It is up to you to review these Terms from time to time so that you stay informed of updates. From the date I post revised Terms: (1) You will be deemed to have been made aware of the revisions. (2) You will be subject to the updated Terms. (3) Your continued use of the Site will show your acceptance of the revised Terms.

Outside the EU? or under 18?

I do not intend to make my Site available where it is not lawful to do so. In particular, I do not intend to make it available:

  1. Where such distribution or use would be contrary to law or regulation; or
  2. In any country or jurisdiction where I would need to register.

If you access the Site from outside of the European Union (“EU”) you do so on your own initiative. If you are not within the EU, you are solely responsible for compliance with local laws. That is to the extent that local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is my proprietary property. The Site may contain source code, databases, functionality, software, and website designs. It may also contain audio, video, text, photographs, and graphics. Collectively these are the “Content” of the Site. In additions there may be trademarks, service marks, and logos on the Site, called here the “Marks”. I control, own, and/or license both the Content and the Marks. They are also protected by copyright and trademark laws. Other intellectual property rights provide them protection too. They are further covered by international copyright laws, and international conventions. The Content and the Marks are provided on the Site “as is” for your information and personal use only.

No commercial use

Except as expressly provided in these Terms, you may not use any part of the Site for any commercial purpose. That is except when you have my permission in writing. This prohibition covers all Content and all Marks on the Site. In this instance “use” includes you directly or indirectly, taking certain actions. These actions include copying, reproducing, aggregating, republishing, any part of the Site. They also include uploading, or posting any Content or Marks from the Site. Other such actions are publicly displaying, encoding, translating, transmitting, Site Content of Marks. The actions also include distributing, selling or licensing, any part of the Site. All other actions that could be construed as use are also prohibited.

Limited licence

If you are eligible to use the Site, you are granted a limited licence to access and use the Site. You may also download or print a copy of any part of the Content if the following thee items are true. That you: (1) are eligible to use the Site. (2) have properly gained access to the Content. (3) are using the Content only for your personal, non-commercial use. I reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Copyright Policy

All Content is subject to my Copyright Policy.

User Representations

By using the Site, you represent and warrant that you:

  1. Have the legal capacity and you agree to follow these Terms.
  2. Are not a minor in the jurisdiction in which you live.
  3. Will not:
    1. Access the Site through automated or non-human means; nor
    2. Use the Site for any illegal or unauthorized purpose; and
  4. Can use the Site without violating any applicable law or regulation.

In the above “automated or non-human means” includes, but is not limited to, through a bot or script.

Do not provide any information that is untrue, inaccurate, not current, or incomplete. If you do so I have the right to suspend or cancel your account. In such circumstance I can also refuse any and all current or future use of the Site (or any part thereof).

Buying items

If you buy any items from me, please first review my Conditions of Sale. By buying any item, you agree to be bound by my Conditions of Sale, which are incorporated into these Terms.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which I make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.

As a user of the Site, you agree not to use the site in any way that is detrimental to me. Unless I have written to you giving my permission to do so, this includes, but is not limited to, not:

  1. Retrieving Content to create or compile a collection, compilation, database, or directory. Such retrieval could be either directly or indirectly.
  2. Circumventing, disabling, or otherwise interfering with security-related features of the Site. Such features include those that prevent or restrict the use or copying of any Content. They also include features that enforce limitations on the use of the Site and/or the Content.
  3. Engaging in any automated use of the Site. Such automated use includes using scripts to send comments or messages. It also includes data mining, robots, or similar data gathering and extraction tools.
  4. Interfering with, disrupting, or creating an undue burden on the Site and its services. The Site’s services include networks or services connected to the Site.
  5. Using the Site as part of any effort to compete with me.
  6. Making use of the Site and/or the Content for making money or any commercial enterprise.
  7. Attempting to bypass measures designed to prevent or restrict access to the Site, or any part of the Site.
  8. Deleting the copyright or other proprietary rights notice from any Content.
  9. Using the Site in a manner inconsistent with any applicable laws or regulations.
  10. Harassing, annoying, intimidating, or threatening any of my employees or agents.

Search engines and archives

I do allow an exception to the above for publicly accessible search engines and archives. Such search engines and archives may access the Site to index and/or archive the Content and Marks.

User Generated Contributions

The Site does offers users the opportunity to submit or post content.

I may provide you with the opportunity to submit content and materials to me or on the Site. In this context “submitting” includes creating, posting, displaying, transmitting. It also includes performing, publishing, distributing, or broadcasting. Such content and materials may be, but is not limited to text, writings, video, and audio. It may also be photographs, graphics, comments, suggestions, personal information or other material. Collectively, in this agreement, such content and materials are called “Contributions”. Contributions may be viewable by other users of the Site. They may also be seen on third-party websites. As such, any Contributions you send may covered by the Site Privacy Policy.

You warrant

When you submit any Contributions, you thereby represent and warrant that you/your:

  1. Contributions and their use do not and will not infringe anyone’s proprietary rights. In this context “use” includes creation, distribution, transmission, public display, and performance. It also includes accessing, downloading, and copying. In this contest “proprietary rights” include copyright, patent, and trademark. They also include trade secret, and moral rights.
  2. Are the creator and owner of the Contributions. And/or that you have the necessary licences, rights, consents, releases, and permissions. In all cases you can let me, the Site, and other users of the Site use your Contributions. Such use to be in any manner contemplated by the Site and these Terms.
  3. Have the written consent of each identifiable individual person in your Contributions. In this context “consent” includes release and/or permission. Such consent is to use the name or likeness of each such identifiable individual person. This will enable use of your Contributions by the Site and under these Terms.
  4. Contributions are not:
    1. False, inaccurate, or misleading.
    2. Unsolicited or unauthorized advertising. Here “advertising” includes promotional materials, pyramid schemes, and chain letters. It also includes spam, mass mailings, or other forms of solicitation.
    3. Objectionable (as determined by me). “Objectionable” includes obscene, lewd, lascivious, filthy, violent, harassing, libellous, and slanderous.

You further warrant

You further warrant and represent that your Contributions do not:

  1. Ridicule, mock, disparage, intimidate, or abuse anyone.
  2. Advocate the violent overthrow of any government.
  3. Incite, encourage, or threaten physical harm against another.
  4. Violate any applicable law, regulation, or rule. Such laws, regulations and rules include any about child pornography. Also those intended to protect the health or well-being of minors.
  5. Violate the privacy or publicity rights of any third party.
  6. Contain any solicitation of personal information from anyone under the age of 18.
  7. Exploits people under the age of 18 in a sexual or violent manner.
  8. Include any offensive comments about race, gender, sexual preference, or physical handicap. In this case “race” includes national origin.
  9. Violates any provision of these Terms, or any applicable law or regulation.
  10. Links to material that violates any part of these Terms, or any applicable law or regulation.

Violations with respect to Contributions

Any use of the Site in violation of the foregoing violates these Terms. Such violation may result in termination or suspension of your rights to use the Site. Other consequences are also possible.

Contribution Licence

You and Site agree that I may use any information and personal data that you provide. In this case “use” includes access, store and process. Such use will be subject to the terms of the Privacy Policy and your choices (including settings).

By submitting feedback about the Site, you agree that I can use such feedback for any purpose. Here feedback includes any suggestions you make. You also agree that I can use your feedback without compensation to you.

I do not assert any ownership over your Contributions. You keep full ownership of all your Contributions. You ownership includes any intellectual property rights. It also includes other proprietary rights associated with your Contributions. I am not liable for any statements or representations in your Contributions. This covers Contributions by you in any area on the Site. Responsibility for your Contributions rests solely with you. You expressly agree to exonerate me from any responsibility for your Contributions. Also you agree not to take legal action against me about your Contributions.

Submissions

Your questions, comments, suggestions, ideas, feedback, about the Site are “Submissions”. Submissions also include any other information that you send me about the Site. You acknowledge and agree that any Submissions you send me are non-confidential. You also acknowledge and agree that they are my sole property.

I will own exclusive rights, including all intellectual property rights. I will be entitled to the unrestricted use and dissemination of these Submissions. Such use and dissemination may be for any lawful purpose, commercial or otherwise. For such use I will not need to provide any acknowledgement or compensation to you.

You hereby waive all moral rights to any such Submissions. You hereby warrant that any such Submissions are original. Or you warrant that you have the right to submit such Submissions. You agree there will be no recourse against me for infringement of any proprietary right in your Submissions. In this case “infringement” includes any alleged or actual infringement or misappropriation.

Third-party Websites and Content

The Site may contain (or you may be sent via the Site):

  1. Links to other websites (“Third-Party Websites”); as well as
  2. Articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, and software. Also other content or items belonging to or originating from third parties. All such content or items are “Third-Party Content”.

No checks

I do not check Third-Party Websites nor Third-Party Content. By “check” I mean investigate, track or check accuracy, appropriateness or completeness. Also I am not responsible for any Third Party Websites accessed through the Site. Nor am I responsible for Third-Party Content. Such content may be posted on, available through, or installed from the Site. I do not endorse any Third-Party Website nor any Third-Party Content. The presence of, linking to, permitting use or installation of such is not endorsement.

Accessing 3rd party websites or installing 3rd party content

If you decide to access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. Be aware that when you leave this site, or install Third-Party Content, these Terms do not apply. You should review the applicable terms of any website to which you go to from the Site. Similarly for any applications you use or install from the Site. Here applicable terms includes policies, and privacy and data gathering practices.

Be aware that if you buy anything on a Third-Party Website that you are not buying from this Site. I take no responsibility whatsoever in relation to such purchases. They are between you and the applicable third party. You accept that I do not endorse products or services offered on Third-Party Websites. You will hold me harmless from any harm caused by your buying such products or services.

Hold me harmless

Also you will hold me harmless from any damage due to Third-Party Content or Third-Party Websites. Here “damage” includes harm or any losses sustained. And “due to” includes relating to or resulting in any way from.

Site Management

I reserve the right, but not the obligation, to:

  1. Track the Site for violations of these Terms.
  2. Take action against anyone who, in my sole discretion, violates the law or these Terms. Such action will be appropriate and legal. It may include reporting such user to law enforcement authorities.
  3. In my sole discretion, without limitation, and without notice, or liability:
    1. Refuse, restrict access to, limit availability of, or disable any Contribution. Or any part of any Contribution.
    2. Remove or disable files and content that are too big or otherwise burdensome.
  4. Manage the Site to protect my rights and property and the proper functioning of the Site.

Privacy Policy

I care about data privacy and security. Please review my Privacy Policy. By using the Site, you agree to be bound by my Privacy Policy, which is incorporated into these Terms.

Please be advised the Site is hosted in the Netherlands. Requirements about personal data collection, use and disclosure differ from country to country. Here “requirements” include laws and regulations. If you access the Site from outside the European Union (EU) then you are transferring your data to the EU. You expressly consent to have your data transferred to and processed in the EU.

Term and Termination

These Terms will remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, I reserve the following right. In my sole discretion and without notice or liability, I may deny access to and use of the site to any person. Such denial of access may be by blocking certain IP addresses. My denial of access can be for any reason or for no reason, including but not limited to for breach of any:

  1. Representation, warranty, or covenant contained in these Terms; or
  2. Applicable law or regulation.

I may end your use or participation in the site. Also I may delete any content or information that you posted. Such ending and or deletion can be without warning, and it will be at my sole discretion.

If I end or suspend your account for any reason, you may not register or create a new account. Such ban includes under your name, a fake or borrowed name, or the name of any third party. You may not use a third party name even if you have been acting on behalf of the third party.

As well as ending or suspending your account, I reserve the right to take legal action. Such action could include pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

I reserve the right to change, or remove the contents of the Site. I may do this at any time or for any reason at my sole discretion and without notice. Yet, I have no obligation to update any information on my Site. I will not be liable to you for any change, suspension, or discontinuance of the Site. Nor will I be liable to any third party for any such change, suspension or discontinuance.

I cannot guarantee the Site will be available at all times. I may experience hardware, software, or other problems. Or I may need to perform maintenance related to the Site. Such maintenance may result in interruptions, delays, or errors. I reserve the right to change, revise, update, suspend, drop, or otherwise change the Site. I may do this at any time or for any reason without notice to you.

You may be unable to access or use the Site during downtime or discontinuance of the Site. If this happens you agree that I have no liability for any loss, damage, or inconvenience caused. Nothing in these Terms will be construed to compel me to maintain and support the Site. Nor to supply any corrections, updates, or releases in connection therewith.

Governing Law

These conditions are governed by and interpreted following the laws of Italy. Use of the UN Convention of Contracts for the International Sales of Goods is excluded. If you are a consumer living in the EU you also have the protection provided by provisions of your country’s law. You and Linda Winter Artist agree to submit to the non-exclusive jurisdiction of the courts of Padova. This means that you have a choice if you want to defend your consumer protection rights. You can defend such rights regards to these Terms in Italy, or in the EU country in which you live.

Dispute Resolution

The European Commission provides an online dispute resolution platform. You can access the platform here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to my attention, please contact me.

Corrections

The Site may contain typographical errors, inaccuracies, or omissions. Such errors may be in descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions. Also I reserve the right to change or update the information on the Site at any time, without prior notice.

Disclaimer

As-is and as-available

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted, I disclaim all warranties in connection with the site and your use of it. Such warranties may be express or implied. Without limitation this includes:

  1. implied warranties of merchantability,
  2. fitness for a particular purpose, and
  3. non-infringement

No claims or guarantees

I make no claims or guarantees about the accuracy or completeness of the Content. Nor claims or guarantees about the content of any websites linked to this site. I will assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage resulting from your access to and use of the Site. This includes damage of any nature whatsoever.
  3. Unauthorized access to or use of:
    1. my secure servers.
    2. any and all personal information stored on my secure servers.
    3. financial information stored on my secure servers.
  4. Interruption or cessation of transmission to or from the site.
  5. Bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
  6. Errors or omissions in any content and materials.
  7. Loss or damage of any kind incurred as a result of the use of any Content.

No endorsement

I do not warrant, endorse, guarantee, or assume responsibility for any:

  1. product or service advertised or offered by a third party through the site,
  2. hyperlinked website, or
  3. website or mobile application featured in any banner or other advertising.

I will not be party to transactions between you and third-party providers. Nor in any way will I be responsible for monitoring such transactions. You should use your best judgement and exercise caution where appropriate. Particularly so when buying products or services through any medium or in any place.

Limitations of Liability

In no event will I or my employees, or agents be liable to you or any third party for any damages. Such damages may be direct, indirect, consequential, exemplary, incidental, special, or punitive damages. They may include lost profit, lost revenue, loss of data, or other damages arising from your use of the Site. That is even if I, my employees, or agents have been advised of the possibility of such damages.

My liability to you will at all times be limited to the amount paid, if any, by you to me. That is in spite of anything to the contrary contained herein. It is also for any cause whatsoever and regardless of the form of the action.

Laws in some jurisdictions do not allow limitations on implied warranties. Nor the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply. You may have extra rights.

Indemnification

You agree to defend, indemnify, and hold me harmless from and against any loss. In this instance “me” includes my subsidiaries, and affiliates. It also includes all my respective officers, agents, partners, and employees. Such “loss” could be a loss, action, expense, damage, liability, claim, or demand. You will cover reasonable attorneys’ fees and expenses. Such claims may be made by any third party due to or arising out of:

  1. Use of the Site.
  2. Breach of these Terms.
  3. Any breach of your representations and warranties set forth in these Terms.
  4. Your violation of the rights of a third party. Such violation could include but is not limited to intellectual property rights.
  5. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

I have the right to assume exclusive defence and control of any matter you are required to indemnify me for. This will be at your expense. You agree to cooperate, also at your expense, with my defence of such claims. I will attempt to notify you of any such claim, action, or proceeding upon becoming aware of it.

User Data

I will maintain certain data that you send to the Site to manage the performance of the Site. As well I will keep some data relating to your use of the Site.

Data on the site is regularly backed up. Despite this you are solely responsible for all data that you send to the Site. Also you are solely responsible for keeping records of all your activity on the Site.

You agree that I will have no liability to you for any loss or corruption of any such data. You hereby waive any right of action against me arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending me emails, and completing online forms constitute electronic communications. If communication is necessary you consent to receive electronic communications. You agree that messages sent electronically meet any legal need that communication be in writing. Such messages include agreements, notices, disclosures, and other communications. They can be via email and/or on the Site.

You agree to the use of electronic signatures, contracts, orders, and other records. Also to electronic delivery of notices, policies, and records of transactions. That is whether such transactions are initiated or completed by me or via the Site.

You hereby waive any rights or requirements which need:

  1. an original signature,
  2. delivery or retention of non-electronic records, or
  3. payments or the granting of credits.

By means other than electronic means. Statutes, regulations, rules, ordinances, or other laws may give such rights or requirements.

Miscellaneous

These Terms and policies are the entire agreement between you and me. Such policies include operating rules and are those posted by me on the Site or in respect to the Site.

My failure to exercise or enforce a right or provision of these Terms will not void such right or provision. These Terms operate to the fullest extent permissible by law. I may assign all or any of my rights and obligations to others at any time. I am not responsible or liable for any loss, damage, delay, or failure to act due to any cause beyond my control. That is beyond my reasonable control.

There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Terms or use of the Site. You agree that these Terms will not be construed against me due to me having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms. Also due to the lack of signing by the parties hereto to execute these Terms.

Severability

If any provision of these Terms is found invalid, it will be considered deleted. Any such deletion will not invalidate the remaining provisions of the Terms.

Contact me

To resolve a complaint about the Site or for further information about use of the Site, please contact me at:

Linda Winter Artist, Via Val Lucerna 8, 35030 Baone (PD), Italy

Phone: +39 389 231 8972 lindabakerwinter@gmail.com

Acknowledgement

I created the first version of these Terms using Termly’s Terms Generator.