1 BASIC INFORMATION
1.1 This website (the “Website”) is operated by [KenArt Media AB] and the terms “we”, “us” and “our” refer to [KenArt Media AB].
1.2 By visiting the Website and purchasing our products available on the Website (the “Products”), you agree to be bound by the following terms and conditions (the “Terms”).
2 USE OF THE WEBSITE
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use the Website or the Products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
3.1 By making a purchase from us, you agree and understand that the Products are a digital download, unless otherwise specified on the Website. No physical product will be sent to you and all images of the Products on the Website are for illustrative purposes only. When the Products are delivered, you are granted a personal, non-exclusive license to use the Products’ software. We reserve all rights not expressly granted to you under this license.
3.2 We are not responsible for malfunctions, failures, or difficulties with the Products. We are not responsible for incorrect or inaccurate entry information, whether caused by you or by any technical or human error that may occur in the processing of any information related to the Products.
4 ORDERS, DELIVERY AND PRICES
4.1 Your order for Products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order. All orders you place for products displayed on the Website are subject to availability and it is your responsibility to ensure that your order is correct. You warrant that you are satisfied as to the suitability of the products for the purpose required and their compatibility with any other items in conjunction with which you intend to use them.
4.2 When you have completed the purchase, the Products will be available to download on the Website, and also from a link sent to the email address you have provided in your order. Please check your junk email if you have not received an email from us.
4.3 We will make every effort to ensure that prices and descriptions for products displayed on the Website are accurate, however, we reserve ourselves for potential errors on the Website. We may adjust our prices from time to time.
4.4 All prices on the Website are inclusive of VAT unless otherwise specified.
5 YOUR UNDERTAKINGS
5.1 You shall not use the Products for any unlawful, illegal or improper purposes. You agree not to:
(i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof;
(ii) delete, change or modify in any way any copyright notices or trademarks contained in the Product;
(iii) engage in any act that interferes with our business or violates infringes our intellectual property rights.
5.2 Any attempt to do any of the above by you or someone to whom you have given access to the Products, is a violation by you of our rights and is a breach of these Terms.
5.3 You are responsible for and agree to provide current, complete and accurate information when purchasing our Products.
6 INTELLECTUAL PROPERTY RIGHTS
The copyright, trademarks and other intellectual property rights to the Products shall belong to us.
7 NO WARRANTY/AS-IS
7.1 THE PRODUCTS ARE PROVIDED TO YOU ‘AS IS’ AND WITH ALL RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, OF ACCURACY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS OR THE LIKE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEM WILL BE ACCURATE OR RELIABLE. WE WILL NOT BE LIABLE FOR LOSS OF YOUR PERSONAL DATA. YOU ARE RESPONSIBLE FOR BACKING UP YOUR PERSONAL DATA THAT YOU PROVIDE TO US FOR THE PURCHASE OF PRODUCTS. YOU AGREE TO ASSUME ALL RISK OF ANY AND ALL DAMAGES AND LOSS FROM USE OF, OR INABILITY TO USE, THE PRODUCTS.
7.2 WE CANNOT GUARANTEE THAT THE PRODUCTS ARE COMPATIBALE WITH, AND WILL WORK ON, ALL DEVICES. THIS MEANS THAT THE PRODUCTS MIGHT NOT WORK WITH YOUR DEVICE.
7.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
8 LIMITATION OF LIABILITY
8.1 We shall in no event be liable for damages, losses, liabilities or claims, unless specified otherwise under relevant laws:
(i) arising out of any false or inaccurate information provided by you;
(ii) incurred by you or your properties due to a reason attributable to you or your failure to perform your obligations under these Terms;
(iii) resulting from a third party’s illegal or unauthorized access to or use of the Products on you device.
8.2 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS (INCLUDING LOSS OF CONTRACT), LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER PECUNARY OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY UNINTENDED OR IMPROPER USE OF THE PRODUCTS AND SHALL NOT BE LIABLE FOR ANY FAILURE BY THE PRODUCTS TO PERFORM AS INTENDED, IF SUCH FAILURE IS DUE TO YOUR DEVICE, ITS INCOMPATIBILITY WITH THE PRODUCTS, ITS FAILURE TO FUNCTION CORRECTLY OR ANY OTHER REASON BEYOND THE CONTROL OF US.
8.4 YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE PRODUCTS AND/OR ANY RELATED PRODUCTS OR SERVICES.
8.5 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF TEN EURO (€ 10.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DECLARED INVALID OR INAPPLICABLE.
8.6 YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8.7 Any failure by us to enforce these Terms or any part hereof shall not mean a waiver of our right to do so.
YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD US AND OUR SUPPLIERS, SERVICE PROVIDERS OR OTHER PARTNERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE FEES OF ATTORNEYS AND OTHER PROFESSIONALS, RELATED TO OR RESULTING FROM YOUR BREACH OF THESE TERMS OR YOUR ACTS OR FAILURE TO ACT IN ACCORDANCE WITH YOUR OBLIGATIONS UNDER THESE TERMS, EXCEPT TO THE EXTENT THAT SUCH LIABILITIES ARISE FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT YOU PROVIDE REGISTRATION OR OTHER INFORMATION THAT IS UNTRUE, INACCURATE, FRAUDULENT OR OUT OF DATE, YOU AGREE TO INDEMNIFY US FOR AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIBILITY, DAMAGES, LOSS OR EXPENSES IT MAY INCUR, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, TAXES, PENALTIES OR SANCTIONS, INTEREST, FEES, COSTS AND EXPENSES OF ANY NATURE ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, ACTION OR PROCEEDING ALLEGED OR INITIATED AGAINST US BY ANY THIRD PARTY BASED UPON SUCH INFORMATION. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS AND YOUR USE OF THE PRODUCTS.
We may assign all or part of our rights and obligations under these Terms to any company or companies part of our group.
11 GOVERNING LAW
These Terms are governed by the laws of Sweden, without regard to choice or conflict of law principles.
12 CONTACT DETAILS
If You have questions regarding the Products or these Terms, please contact us by visiting the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
We, KenArt Media AB, Reg. No. 559135-7479 value your privacy.
We collect and process the following personal data: name, company name, email, telephone number and postal address. We collect this information in order to provide the App and the products on the Website and the legal basis for our processing of your personal data is thus to provide the App to you, and for you to be able to complete a purchase on the Website.
We do not deliberately collect any personal data directly from individuals under the age of 18.
Your personal data will not be submitted to any third party, and will not be transferred to any country located outside the European Union or the European Economic Area.
We will process your personal data for as long as your user account is activated or for as long as required to provide any service requested by you. When you delete your user account, we will delete your personal data within 30 days. In some circumstances, mandatory laws or regulations may require us to process the personal data for a longer time.
According to applicable legislation, you may be entitled to access, rectify or erase your personal data. Furthermore, you may be entitled to restrict or object to our processing of your personal data or demand data portability. If you would like to exercise any of your rights according to applicable legislation, please contact us by email. You are furthermore entitled to lodge a complaint with a supervisory authority. In Sweden, the supervisory authority is Datainspektionen, which can be contacted by email at [email protected]