England W9 3EL
TERMS OF SERVICE
Last updated: September 14, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.widewalls.ch website (the “Service”) operated by Widewalls Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Widewalls Ltd. is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Widewalls Ltd. cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, Widewalls Ltd., are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:
Your contact details – including your name, email address and daytime telephone number.
Identify the material in question – please include sufficient detail to enable us to identify the material complained of.
The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
You can contact our Notice and Takedown Officer via email at email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Widewalls Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Widewalls Ltd..
When you upload content, you give to Widewalls Ltd. a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Widewalls Ltd. business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Widewalls Ltd..
Widewalls Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Widewalls Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Widewalls Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Widewalls Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Widewalls Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Widewalls Ltd. ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Widewalls Ltd. or any person for whom Widewalls Ltd. is responsible, and even if Widewalls Ltd. has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
Collection and Use of Personal and Non-Personal Information
• Information that you provide by filling out Widewalls forms: contact information, such as your name, email address, and other; this includes information provided at the time of registering, posting material, or requesting services;
• Unique identifiers, such as username or password;
• link your Widewalls account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media service), in which case we may obtain your username on that service and other information you make publicly available through that service;
If you provide it, Widewalls also collects the following non-personal information:
• Information about your business, such as company name, company size, and business type;
• Demographic information, such as age, education, gender, interests, and zip code;
• Correspondence with other users and galleries that you send through Widewalls website, and correspondence sent to Widewalls;
• Widewalls may keep a record of the correspondence if you contact us.
• Our Services may include features that enable you to choose your “favorite” artists, artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items. If your public profile is enabled, other Users may also be able to follow you, and the number of Users that follow you may be visible to other Users on our Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings.
Widewalls, as most websites, automatically gathers information about your computer. Usually collected information is your IP (Internet Protocol) address, browser type, referring/exit pages, and operating system. Widewalls does not, without your consent, sell, share, or rent this information to others for their marketing purposes. Widewalls may, in compliance with applicable law, combine your information with information lawfully acquired from other organizations, and use it to improve and personalize services, content, and advertising.
Widewalls may use this information in the following ways:
• To allow you to participate in interactive features of Widewalls products or services, contests and sweepstakes, when you choose to do so
• To prevent, discover, and investigate violations of applicable Terms and Conditions
• To respond to customer service requests
• To send you a newsletter and marketing announcements
• To improve Widewalls website and marketing efforts
• To conduct research and analysis
- Google’s use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
- Users may opt out of personalized advertising by visiting Ads Settings.
- widewalls.ch sets cookies from third-party vendors and ad networks serving ads.
You may choose to stop receiving Widewalls newsletters or marketing emails at any time by following the unsubscribe instructions included in those communications, or you can contact us.
You may at several different points on the Widewalls websites request information (e.g., how to become an advertiser, or how to become a member gallery). To submit a request using the forms provided on the website, you must supply contact information (e.g., name, email, phone number). This information is used by Widewalls to provide the information requested.
Information Obtained from Third Parties
If you provide personal information about others, or if others give us your information, Widewalls will only use that information for the specific reason for which it was provided.
Widewalls may provide your personal information to companies that provide services to help with our business activities, such as offering customer service. These companies are authorized to use your personal information only as necessary to provide these services.
We may also disclose your personal information:
• To help with business operations (such as fraud investigations, affiliate and rewards programs), to protect rights or safety, as required by law;
• If Widewalls is involved in a merger, acquisition, or sale; you will be notified via email and/or a notice on the website, before choosing what you can do with your personal information.
• To any other third party with your prior consent to do so.
Widewalls shares your personal information with other companies so that they can market their products or services to you. If you do not want us to share your personal information with these companies, contact us.
Widewalls makes your contact information available to other users that you interact to help complete the transaction.
Cookies and Other Tracking Technologies
Important things to know about cookies:
• You may disable cookies if your browser permits. The exact procedure will vary from browser to browser; check help section.
• You may encounter cookies from third parties on certain pages (for example, advertisers), but Widewalls has no access to or control over these cookies
Widewalls uses your IP address to help diagnose server problems, and to administer our website. Widewalls uses your IP addresses to analyze trends and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Every time you access a Widewalls website, some data are temporarily stored and processed in a log file, such as anonymous IP addresses, the browser types, the recalled page, or the date and time of the recall. These data are only evaluated for statistical purposes, to help us diagnose problems with our servers, to administer our sites, or to improve our offer.
Widewalls webpages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the websites are used, and may be used in some emails to let us know which emails and links have been opened by recipients. This allows Widewalls to gauge the effectiveness of our customer communications and marketing campaigns.
Links to Other Websites
When you choose the Facebook “Like” button on a Widewalls website, you will not be directed to another site, you will remain on Widewalls.ch.
Widewalls retains your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that Widewalls no longer use your information to provide you services, contact us. Widewalls will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
Monitoring of Communications
As a member of Widewalls Galleries Network, you can ask Widewalls to review or retrieve emails sent to your gallery. Widewalls will access these emails only to provide these services for you.
When Widewalls collects personal information directly from you, it follows generally accepted industry standards to protect the personal information submitted: both during transmission and once received it is encrypted using secure socket layer technology (SSL). Widewalls does its best to protect your personal data. Once your information is received, Widewalls uses strict procedures and security features to try to prevent unauthorized access. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore its absolute security cannot be guaranteed; any transmission is at your own risk. If you have any questions about security on the Widewalls website, contact us. Widewalls has a companywide commitment to your privacy. To make sure your personal information is secure, please check that you are visiting Widewalls website.
Additional Policy Information
Updating/Accessing/Amending/Correcting Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire Widewalls services, you may correct, update, amend, delete/remove, or deactivate it by making the change on the member information page
You can also e-mail us, and Widewalls will respond to your request to access within 30 days.
Note to Parents or Guardians
Minors may want to visit Widewalls on the Internet. However, the site is not directed at children under the age of 18, and those under the age of 18 should not provide personal data on the site unless they have received permission from their parents before submitting any personal information. Widewalls believes parents should be responsible for supervising the online activities of their children, and take into account various tools that allow them to provide their children with a controlled, child-friendly Internet. These tools are designed to preclude children from releasing personal information online without the permission of their parents. If Widewalls becomes aware that a minor has submitted information on its site, Widewalls reserves the right to request proof that the parent or guardian has permitted use by the minor of the site; otherwise Widewalls reserves the right to delete the relevant information and the minor’s registration on the site.
How to Contact Us
Widewalls is responsible for the personal data collected from users of this website and determines the purposes and means by which such personal data are used, subject to applicable law.