Terms of Use

 

1.

General Information

The KP website is offering different services around art and creative activities. The website contains material including but not limited to training modules, text, photographs, graphics, images, recordings or other materials (hereinafter collectively referred to as “Material”). KP website invites you to access and explore the website. You are allowed to access the website either as Visitor or as Permitted User. We reserve us the right to update our website from time to time.

Visitors, as the term implies, are people who do not and are not obliged to register at the website (“Visitor”). As Visitor you are allowed to visit all publicly available Materials and to send e-mails to us. In the event you have registered yourself at our website (“Permitted User”) you are allowed to enjoy all by the website offered Materials and services. Permitted Users are able (i) to visit all publicly available website Materials; (ii) to send e-mails to us; (iii) to create, access, manage and update your own personal account at the KP Website, (iv) to purchase Material, services or art; (v) to order art created according to your wishes; and (vi) sign up for alerts and other information or (vii) sign up for various training services at the BIZ School for Creatives.

You acknowledge by browsing and/or accessing our website either as Visitor or Permitted User that you have read, understood, and agree to be legally bound by these Terms of Use. By accessing and/or using the KP Website you agree to comply with all applicable laws in your use of our website and will not use the KP Website for any unlawful or illegal purpose. For example:

2.

you will not upload, post, e-mail, transmit, or otherwise make available any content that:

  • infringes any intellectual property rights such as copyright and rights related to copyright, industrial design rights, domain rights, patents, utility patents, patent applications, trademarks or any other proprietary rights of any person or legal entity (hereinafter referred to as “IP Rights”);

  • discredits any person or legal entity for example by making any defamatory or libellous statement;

  • discloses any sensitive information about another person such as their e-mail or postal address, phone number, bank account number or any other similar information;

3.

you will not access or use the KP Website to collect any market research information for a competing business or to post any third party commercials without express written permission, spy by any means on any Visitor or Permitted User using our website or interfere with the proper operation of the KP Website through for example any virus, device or by other means.

 

You agree that you will promptly inform us of any misuse of our website and any inappropriate content of which you become aware.

KP Website is not obliged to accept any person as Permitted User and may accept or reject any registration in its sole discretion. KP Website reserves the right to terminate or deactivate any account at any time, including, without limitation, in the event that a Permitted User has violated these Terms of Use. KP Website shall have no liability to you for any loss or damage caused by such termination or deactivation.

Visitors, as mentioned above, are allowed for their own personal, non-commercial use to visit and view the publicly available parts of the KP Website. Permitted Users, who have purchased any Material, art or services at the BIZ School for Creatives, may download such purchased Material, art or services for their own personal, non-commercial use. This right to download does not include any right in or to such Material, art or services except as permitted under the following agreement (hereinafter referred to as the “Agreement”). No other use as aforementioned is permitted without the prior written consent of KP Website, which retains all rights, titles and interest, including any and all IP Rights, in and to the Material, art and services. You are not allowed and you have to retain all copyright and other proprietary notices contained in the original Material, art and services. Without the prior written consent of KP Website you are not allowed to sell, transfer, assign, license, sub-license, distribute or modify, reproduce, display of publically show the Material or provided services, including without being limited to use or post the Material and provided services on any other website or social media.

In the event of any violation of any part of this Agreement, your permission to access and/or use the Material, services and the KP Website shall automatically terminate with immediate effect and you have to promptly destroy the Material, services and any copies thereof.

 

4.

Registration as Permitted User

In the event you would like to become a Permitted User; you have to register at the KP Website. For the registration and guided by the registration process you have to create an account at our website. Therefore you have to create a single sign-in name, a password and you have to answer some questions, which helps us to authenticate you (hereinafter each referred to as “Single Sign-In Name”, “Password” and “Identifier”). Creating your account, you have to provide true, accurate and complete information. It is not permitted to share with a third party the confidential information about your Single Sign-In Name, Password and Identifier. Any such share would be a material breach of this Agreement. You are personally liable for any such breach of confidentiality and any misuse. You will promptly inform us about any need to deactivate your Single Sign-In Name, Password and Identifier.

 

5.

Payment for Purchased Art and Services

As a compensation for any purchased Material, art and services you have to pay to KP Website all fees and applicable taxes and fees including for example VAT and shipment costs (hereinafter referred to as “Payment”). We (or our third party payment processor) shall authorize your credit card, bank account or any other payment method you have provide during you registration process for the Payment. You herewith give you consent to do the same. In the event of changes in your payment information you have to update and keep your account current and complete. All Payments are due in EURO. Payment must be cleared before any files, Material or art are sent.

You will get access to the courses or workshop information a soon as possible after your Payment. The access data will be delivered to your email inbox.

Subject to any applicable copyright law, purchased art will become after Payment and shipment purchaser’s property.

 

6.

Shipping

After Payment all orders are typically processes and shipped within 2-4 business days, except in case of commissioned or custom artworks requested by Permitted Users. In such case shipping depends on the artwork requested by you. Making such by Permitted Users requested artwork will take in general at least eight weeks. If you want to know when your artwork can be finished or if you need it rushed please contact me and we will mutually agree on a reasonable time period for the creation of such piece of art. It might be that I have to charge in such case additional fees. Due to the nature of such created artworks we are unable to offer returns on commissioned or custom artworks after the Payment. Any shipment is at purchasers’ own risk.

In general and except as otherwise agreed in writing we are shipping both nationally and internationally using regular post services. Shipping within Germany and the Netherlands can take 2-4 working days. International shipping can take 3-12 working days. Custom fees and taxes for international orders and shipment shall be borne by the purchaser. In the event that you would like to purchase postage insurance, please contact us so we can adjust your shipping costs accordingly. All artworks are packaged carefully to prevent any damage. We take a great deal of care in packing everything to ensure that it arrives safe and sound to you. KP Website is not responsible for any damaged or missing items. In the unlikely event that you items do go missing or are broken please contact us as soon as possible.

You will get access to the courses or workshop materials provided under the offered service as soon as possible after your Payment. The access data will be delivered to your email inbox.

 

7.

NO WARRANTIES; LIMITATION OF LIABILITY

THE KP WEBSITE AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION; RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8.

Link to External Websites

On our KP Website links to other external websites might be implemented (hereinafter referred to as “External Websites”). The included links to such External Websites are for your convenience only. Under no circumstances said included links should be interpreted as an endorsement by us of any content contained in such External Websites. The content of such External Sites is prepared and provided by others, who have to take the responsibility for such content. KP Website is under no circumstances responsible for the content of any linked External Website. In any case you have to take precaution to avoid any download of damaging software such as viruses, Trojan horses, time bombs, contaminants or other disabling codes. In the event you decide to access linked External Sites, you do so at your own risk.

 

9.

Miscellaneous

10. Any headings of the articles are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement and Term of Use.

11. Failure on the part of either party to this Agreement and Term of Use to exercise or enforce any such right conferred upon it under this Agreement and Term of Use shall not be deemed to be a waiver of any right or operate to bar the enforcement thereof at any time or time thereafter.

12. In the event that any provisions of this Agreement and Term of Use is found to be illegal or unenforceable, such provision shall be severed therefrom without prejudice to the validity of any remaining provisions. The parties shall mutually agree on a new clause which will, as far as possible, result in the same economic effect.

13. No party may assign any rights or obligations under this Agreement and Term of Use either in whole or in part to any third party without the prior written consent of the other Party.

 

14.

Governing Law and Arbitration

The validity, interpretation and implementation of this Agreement and Term of Use shall be governed by the substantive laws of the Federal Republic of Germany excluding (i) its renvoi provisions on the conflict of laws and (ii) the United Nations Convention on Contracts for International Sale of Goods. All disputes arising in connection with this Agreement and Term of Use or its validity shall be finally settled according to the Arbitration Rules of the German Institution of Arbitration e.V. (DIS) without recourse to the ordinary courts of law. The place of arbitration is Düsseldorf, Germany. The arbitral tribunal shall consist of one (1) arbitrator and shall be confidential. The language of the arbitral proceedings shall be English.