Terms & Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Ivan Dorotka von Ehrenwall ("Mobile Application Developer", "Publisher", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the ArtDealer mobile application and any of its products or services (collectively, "Mobile Application" or "Services"). By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app.


Intellectual property rights

You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Ivan Dorotka von Ehrenwall.

This Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.


Using the Mobile Application

Ivan Dorotka von Ehrenwall is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The ArtDealer app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ArtDealer app won’t work properly or at all. 

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Ivan Dorotka von Ehrenwall cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Ivan Dorotka von Ehrenwall cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Ivan Dorotka von Ehrenwall cannot accept responsibility.


Updates of the Mobile application

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Ivan Dorotka von Ehrenwall does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.


Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.


Links to other mobile applications

Although this Mobile Application may be linked to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.


Prohibited uses

You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Ivan Dorotka von Ehrenwall.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
  • (h) to collect or track the personal information of others;
  • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) for any obscene or immoral purpose; or
  • (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mobile Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Mobile Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.


Indemnification

You agree to indemnify and hold Mobile Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.


Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.


Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Vojvodina, Serbia and Montenegro without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Serbia and Montenegro. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Vojvodina, Serbia and Montenegro, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.


Availability of the application

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.

The Publisher cannot be held responsible for disturbances and outages / defects that are not his doing and that would affect the transmissions via the Internet and more generally by the communication network, regardless of its extent and duration.

The Publisher may also need to temporarily interrupt access to the Application or some of its elements to ensure maintenance, updates or repairs.

In all these cases, the Publisher bears no responsibility whatsoever.


Mobile app subscriptions

To access additional services of the Application called “ArtDealer PRO”, the Users must purchase a Subscription directly in the Application.

The prices and duration of the Subscriptions are those described in the Application at the time of their purchase by the User.

Subscription prices are indicated in USD, all taxes included (TTC). They include any discounts / discounts applicable on the day of purchase.

They include VAT at the rate applicable to time, unless the User is from a billing country where VAT is not applicable. They also include any new taxes or contributions, including environmental, which may be applicable to Subscriptions.

Subscription offers are valid as long as they are visible in the Application.

The Publisher may withdraw from sale at any time, any Subscription present on the Application and / or replace or modify any information associated with Subscriptions listed in the Application, before purchase.


Payments

All payments of purchase made via the Application are processed directly by the Marketplace according to its own terms and conditions, for which Mobile Application Developer bears no responsibility whatsoever.

All invoices and other documents relating to the purchase are the sole responsibility of the Marketplace where the purchase is made.

The Publisher does not collect or process any banking data of Users.


Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes. These changes are effective immediately after they are posted on this page.


Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.


Contact Us

If you have any questions or suggestions about this Agreement, please contact us. This document was last updated on January 10, 2019.


JOIN NOW!

ПРИСТУПИТЕ СЕЙЧАС!

Showcase your artwork around the world! - Reach new customers by uploading your catalogue to ArtDealer. For a limited time, Sign Up for FREE and allow users to browse up to 10 images from your gallery!

Продемонстрируйте Вашу художественную работу по всему миру! Свяжитесь с клиентами, загрузив свой каталог в Art Dealer(Арт-дылер). В течение определенного времени зарегистрируйтесь абсолютно бесплатно и позвольте пользователям скачать 10 фотографий из Вашей галереи








CONTACT US

Свяжитесь с нами

Please fill out the form below and we will get back to you within 1-2 business days.

Пожалуйста, заполните приведенную ниже  форму, и мы свяжемся с Вами в течение 1-2 рабочих дней.