- ARTregards.com is an Internet platform, from which you can send out links to virtual art cards by e-mail. The website www.ARTregards.com with all its subpages is operated by Elaborarte GmbH. This document records the general terms and conditions for the services of the website www.ARTregards.com
- By registering as a member or using the website as a guest user, you acknowledge these conditions governing the contractual relationship between you and the operator of the website www.ARTregards.com (name, location and contact email address on every page, under Site Notice) as binding. Elaborarte GmbH will not recognize any conflicting conditions.
- Content and Compliance with Applicable Laws
As a user you are solely responsible for the content of virtual art cards that you send. These must meet the following requirements, even if they are not publicly accessible. You agree not to disseminate any message or information that
is unlawful or immoral
offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, provoking hatred, racist, xenophobic or otherwise objectionable
calling for discrimination or hate of a person or persons because of their origin, affiliation or non-affiliation to an ethnicity, nationality, race or religious affiliation
has pornographic or pedophilic content
calls to illegal, criminal or terrorist acts or or that supports crimes, acts of terrorism, war crimes or violations of human rights
calls for suicide
would allow third parties to obtain, directly or indirectly, pirated software or serial numbers of software or other copyrighted material
provides software viruses, files, programs or other information that is intended or likely to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
could violate the rights of third parties, particularly personality rights, patents, trademarks, copyrights (especially with respect to images, photographs, texts, audios, moving images and software) and similar intellectual property rights, trade secrets or other proprietary rights.
You agree to maintain the reputation and image of www.ARTregards.com and its operator and not to spread damaging statements about www.ARTregards.com and its operator.
- Cost of Use
Sending an electronic art card via e-mail is a paid service. The prices for the delivery of art cards are specified in the price list and can be adjusted from time to time.
- Intellectual Property and Copyrights
For any representation, reproduction and publication of content that is subject to copyright (in particular trademark law, copyright and related intellectual property rights) the user must obtain prior permission from the owner of the corresponding right.
Each User warrants to be the owner of the intellectual property (especially patents and trademark) and the other rights (for example the personality rights) affecting the contents of his web pages. The use of the contents via the Internet must be allowed in the entire world because contents disseminated in the Internet may be disseminated, reproduced or presented by other Internet users. These regulations are outlined in greater detail in the Content License Agreement (for artists only).
The brand ARTregards is the exclusive property of Elaborarte GmbH and is protected worldwide. All graphics, images, virtual greeting cards represented on www.ARTregards.com are licensed to, sublicensed to, or are the exclusive property of Elaborarte GmbH. It is strictly forbidden to use these for recreation or reproduction, with the exception of the shipment of the ARTregards art card. In this case Elaborarte GmbH grants a nonexclusive license solely for the personal use of the product.
- Responsibility of the User
The user undertakes not to register any false or misleading information with the application, nor to register under a false identity and to keep his information up to date. He will treat the chosen password for logging into the platform confidentially. He is responsible for all activities where his password is used. He commits himself to inform us immediately of any unauthorized use of the website www.ARTregards.com under his name. Failure to comply with this obligation will entitle us to immediate termination.
The user must assure that the entered e-mail address of the recipient of a virtual greeting card is correct. Should the address be incorrect, the user alone shall bear all costs and liability claims which can result. Elaborarte GmbH as operator of the website www.ARTregards.com will not carry any costs and excludes all liability claims resulting from misdirected or undeliverable shipments of greeting cards.
Elaborarte GmbH and the website www.ARTregards.com have the ambition to offer services to the general public and to be accessible to everyone. Nevertheless, parents should monitor the Internet use of their minor children. As the legal guardians they have the responsibility to define which contents are suitable or not suitable for their children, and how they deal with it.
- Behavior of the User
The user also undertakes to comply with the generally applicable rules and customs of the Internet. This is especially true for the "netiquette" and its ethical guidelines, which are generally available on the Internet and which the user can consult at any time. Violation of these guidelines may result in termination of the user from the website and its services.
- Availability of Services
Elaborarte GmbH undertakes as far as possible to assure the availability of the website www.ARTregards.com and its services 7 days a week, 24 hours a day, but cannot guarantee this at all times. Elaborarte GmbH can suspend access at any time, especially for maintenance and updating. Access may also be interrupted for other reasons, in particular of technical nature. Elaborarte GmbH is in no way responsible for such interruptions and the resulting consequences for the user or third paties. Elaborarte GmbH is in no way responsible for damages caused to users or any third party by using the services offered on www.ARTregards.com. Elaborarte GmbH reserves the right to interrupt or discontinue one or more of these services at any time without prior notice.
- Reliability and Safety
The user declares and guarantees that he understands the characteristics and limitations of the Internet. He knows that the transmission of data and information on the Internet is only partially reliable, since they may be delayed depending on the heterogeneous networks with different technical characteristics and may even be lost under certain circumstances.
If the user does not object to this, Elaborarte GmbH can send him information about the website www.ARTregards.com and special offers by e-mail. The user has the right to delete his personal data and settings of his user account at any time by clicking on the appropriate link in the newsletter or by a written statement sent to the address Elaborarte GmbH, 8706 Meilen, Switzerland.
After sending his card, the user receives a delivery confirmation, which may contain an advertisement. This service is a part of the shipment and cannot be canceled.
- Final Clause
The Terms are governed by Swiss law excluding the UN purchase right. This does not affect mandatory provisions of the State in which the user has his habitual residence. Jurisdiction is in Zurich.
As of March 2012
Domicile of Elaborarte GmbH, operator of the website www.ARTregards.com
Trade register number: CH-020.4.046.418-4
, whereby the user can always check the conformity of his account.