Terms of Service

2. Application of these terms

These terms govern your use of the website. You can print these terms, or store them on your computer, for future reference. Please read them carefully. If you do not wish to accept these terms, then please do not use the website.

(Studio) Kim Engelen is not liable for pages hosted by other organisations to which (Studio) Kim Engelen is linked and whose privacy policies may differ. (Studio) Kim Engelen might update this policy from time to time to reflect changes to (Studio) Kim Engelen’s work and on the website.

 

3. Definitions

In these terms, certain defined expressions are used, which will appear in bold. See clause 18 below for an explanation of these. 

 

4. Description of the service

4.1 The service is designed: 

4.1.1 to provide information on and encourage participation in (Studio) Kim Engelen various campaigns for the love of art. And to provide an online community for like-minded people to enjoy contemporary art together. 

4.2 Certain sections of the service are available only to Art Angels. 

 

5. Eligibility

5.1 The website is aimed at people who are aged 14 years old and over. If you are aged below 14, (Studio) Kim Engelen advises you to inform your parent or legal guardian that you are registering on and/or using the website. If you are under the age of 14, you probably may not register on and/or use the website. 

5.2 (Studio) Kim Engelen also strongly recommend that if you are between the ages of 14 and 18, you should read one or all of the safety guides listed below before you post content to any of pages on the website: 

6. Registration

6.1 It is not possible to register on (Studio) Kim Engelen.

6.2 There is no free membership offered.

6.3 By registering on this website, you confirm that: 

6.3.1 you will abide by and agree to these terms; and 

6.3.2 you are aged 14 or over. 

6.4 To confirm your acceptance of these terms, you must tick box where indicated on the registration page on the relevant website. 

6.5 If you do not accept these terms where you are requested to do so, you will not be permitted to register. 

 

7. Your account

7.1 In the course of registering, you will be asked for certain personal information so that (Studio) Kim Engelen can set up an online account for your sole use. You must not transfer or share your account with anyone else. 

7.2 You are responsible for any information contained in your account and you confirm that the information in your account is correct and will be updated by you if as necessary. 

7.3 You may correct any input errors in the personal information in your account at any time by logging into the account and selecting the option provided. 

 

8. General rules on your use of the service

8.1 You must not: 

8.1.1 disclose your password to anyone else ((Studio) Kim Engelen will never ask you for your password by telephone, live chat or email); 

8.1.2 use multiple logins for your account; 

8.1.3 reproduce in any way any information and/or material appearing on the website which infringes the intellectual property of anyone else; 

8.1.4 copy, in whole or in part, any of the information on the website (including any information contained in other users’ profiles) except as permitted by these terms; 

8.1.5 permit or create unauthorised framing of, or deep linking to, the website from another website under your management or control; 

8.1.6 copy, adapt, modify, reverse engineer, disassemble or decompile any of the software underlying the website; or 

8.1.7 create or maintain any unauthorised connection to any of the website. 

8.2 (Studio) Kim Engelen strongly recommends that when using the website you do not: 

8.2.1 disclose your personal contact details such as phone numbers, postal or email addresses; 

8.2.2 leave your browser logged in to any of the pages on the website without you being there, so that someone else can access or amend your account without your knowledge; or 

8.2.3 exit from the website without properly logging off using the ‘Sign out’ link. 

8.3 Please notify (Studio) Kim Engelen immediately if you become aware of any unauthorised use of the service or any of the websites pages. 

8.4 The content provided on the website is protected by intellectual property owned by (Studio) Kim Engelen.

8.5 Except as expressly permitted by these terms, you may not copy, download or distribute any content from any of the website pages, other than your content. 

 

9. Rules on your content and blogging

9.1 The following terms and conditions relate to your content.

9.2 Communication between users on the website is an integral part of the service. (Studio) Kim Engelen is not screening, or responsible for, any information which is posted on the website by others. All content on the website is viewed and used by you at your own risk and (Studio) Kim Engelen does not guarantee the accuracy or reliability of any of this information. The views expressed are those of the individual contributors and not necessarily those of (Studio) Kim Engelen. Please remember that with free speech comes responsibility. 

9.3 You will permit (Studio) Kim Engelen to use your content for the promotion of the aims and objectives of (Studio) Kim Engelen.

9.4 While (Studio) Kim Engelen will make reasonable efforts to give you credit if (Studio) Kim Engelen uses all or parts of your content, (Studio) Kim Engelen does do not guarantee that (Studio) Kim Engelen will do so in every case.  Accordingly, you agree to waive your so-called ‘moral rights’ in this regard. 

9.5 By posting your content to any of part of the website, you confirm that your content: 

9.5.1 is your own original work and that you have the right to make it available to (Studio) Kim Engelen for all the purposes specified above; 

9.5.2 is not false or defamatory; 

9.5.3 does not infringe the rights of confidentiality or privacy of anyone else; 

9.5.4 does not infringe any law or any intellectual property of anyone else; and 

9.5.5 does not otherwise breach any of these terms. 

9.6 When blogging, you must not: 

9.6.1 disrupt the blogging process in any way, such as: 

(a) intentionally causing the blog screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of blogging; 

(b) Posting commercial solicitations and/or advertisements for goods and services; or 

(c) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages on a blog page, including continuous advertisements to sell goods or services. 

9.7 When using the website, you must not: 

9.7.1 Post any content to the website which may reasonably be regarded as abusive, crude, vulgar, offensive, sexist, extremist, unlawful, encouraging violent or illegal activity, threatening, hateful, harassing, homophobic, false, defamatory, inaccurate, obscene, pornographic, sexually explicit, or racially, ethnically or otherwise discriminatory or objectionable (please note that using a misspelling or alternative spelling of a word or using asterisks for some letters will not get round this requirement); 

9.7.2 Post any content which does not represent your own personal views; 

9.7.3 add links on the website to other websites unless you are sure they do not contain material which is defamatory, obscene, racist, pornographic, sexually explicit or otherwise contain unlawful material or material which infringes the intellectual property of any third party, which encourages illegal activity, or relates exclusively to commercial products or services or which may offend other users and (Studio) Kim Engelen reserves the right to remove any such links; 

9.7.4 Post any telephone numbers, email or postal addresses in your content, unless these details are already publicly available; 

9.7.5 Post any other person’s personal information; 

9.7.6 Post any content or other material that contains a virus or other malicious code; 

9.7.7 Post any content which does not relate to (Studio) Kim Engelen campaigns and general objectives; 

9.7.8 Post any content which is ‘off-topic’ on subject specific blog pages or which does not relate to (Studio) Kim Engelen campaigns and general objectives; 

9.7.9 use any automated techniques (including ‘bots’) to collect information from a blog page; 

9.7.10 harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user or other person; 

9.7.11  use an offensive username, a username including the term (Studio) Kim Engelen either in whole or in part; or 

9.7.12 impersonate someone else. 

9.8 By posting your content to (parts of the) website, you acknowledge that your content may be read by others. 

9.9 Some parts of the website, including blog pages, are intended for users only, and you agree not to use them for any unauthorised purpose. 

9.10 You agree to abide by the ‘Guidelines for Content you submit to the website’ at clause 19. 

9.11 (Studio) Kim Engelen reserves the right to terminate your registration on the website if you undertake any of the activities prohibited by this clause.   

 

10. Links to third parties’ sites

10.1 The website may provide links to other websites.  Selecting any of these links will direct you to a website that may not be related in any way to (Studio) Kim Engelen. (Studio) Kim Engelen takes no responsibility for the content contained on any such website. Any link to such other websites does not imply an endorsement or recommendation of the website, its products or services. 

10.2 Before supplying any personal information to any other website, (Studio) Kim Engelen recommends that you check the website’s Privacy Policy. (Studio) Kim Engelen does not accept responsibility for the protection of any data supplied to other websites. 

 

11. Subscribing to (Studio) Kim Engelen

11.1 You can join us by paying the Art Angels membership fee specified on: https://kimengelen.com/vip 

11.2 Your Subscription will run for 1 month from the date on which (Studio) Kim Engelen notifies you that your subscription is accepted. Your Subscription will be prolonged automatically. (Studio) Kim Engelen will send you a notice to let you know in case a subscription is altered. 

11.3 (Studio) Kim Engelen will send you an email confirming receipt of the subscription fee as soon the payment has been authorised. 

11.4 You may terminate your subscription at any time, for any reason. To terminate your subscription, you can login to your account and choose cancel. Or email (Studio) Kim Engelen via info@kimengelen.com.

 

12. Payment

12.1 You may pay the subscription fee, or a donation or any items you wish to purchase from the website. Which is subject to the following conditions: 

12.1.1 (Studio) Kim Engelen may not accept certain credit or debit cards; 

12.1.2 (Studio) Kim Engelen reserves the right to change the subscription fee or price payable for any item available for sale on any of the pages on the website from time to time.   

12.1.3 if you have set up a direct debit for the payment of your subscription fee or donation, (Studio) Kim Engelen will notify you of any change to the subscription fee by at least thirty (30) days before the change takes effect.  If you do not agree to a change in the subscription fee, you may terminate your subscription prior to the date on which the change to the subscription fee takes effect. The revised fee will be debited to your account if you do not so notify (Studio) Kim Engelen; and 

12.1.4 payment is not made until your credit or debit card has been authorised in respect of the full amount outstanding. (Studio) Kim Engelen has no control over the operation of any payment systems available on the website and cannot be held responsible for any failure in their performance. 

12.2 You may correct any input errors in your payment details before the payment is processed, but if there is an error which you wish to correct after you have submitted your payment details, you can email (Studio) Kim Engelen via info@kimengelen.com.

 

13. Liability

13.1 (Studio) Kim Engelen will not have any liability arising out of your use of or inability to use the service or any of the website for: 

13.1.1 any business losses (including loss of profit, business, contracts or goodwill); or 

13.1.2 any unforeseeable losses or damages. 

13.2 Please note that you are responsible for your content and you will be responsible for any costs and/or losses which (Studio) Kim Engelen suffers as a result of your content including legal fees and damages.

13.3 In certain circumstances, (Studio) Kim Engelen may have a legal obligation to disclose your contact/registration details and other material. Should (Studio) Kim Engelen do this you agree to take no action against (Studio) Kim Engelen.

13.4 (Studio) Kim Engelen is not responsible for and does not endorse the content or any views posted by any user on any parts of the website or the accuracy or reliability of such Content. (Studio) Kim Engelen does not accept any responsibility for the publication of any defamatory material/content or any loss which you may sustain as a result of any defamatory or otherwise harmful material/content being posted by any person on the website. (Studio) Kim Engelen reserves the right to remove from the website any such content of which (Studio) Kim Engelen may become aware. (Studio) Kim Engelen sets out below at clause 18 how to draw material to the attention of (Studio) Kim Engelen if you have any complaint. 

13.5 (Studio) Kim Engelen does not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law. 

13.6 Nothing in these terms will exclude or limit any of your rights as a consumer. 

13.7 (Studio) Kim Engelen shall not have any liability to you for any delay in performance of the service or any other matters to the extent that such events or matters are due to any events outside our reasonable control. 

13.8 (Studio) Kim Engelen will have no liability arising from any link being placed on the website to another website which (Studio) Kim Engelen is not responsible for. 

13.9 The website can be accessed via the world wide web, which is independent of (Studio) Kim Engelen.  Your use of the world wide web is solely at your own risk and subject to all applicable national and international laws and regulations. (Studio) Kim Engelen does not represent that the website is appropriate or available for use in any jurisdiction other than Europe. (Studio) Kim Engelen shall have no responsibility for any information or service obtained by you on the world wide web. 

13.10 If you breach any of these terms, you will be responsible for losses and costs resulting from your breach. 

 

14. Availability of the service

14.1 The service is provided as it is in its current form. While (Studio) Kim Engelen uses reasonable skill and care in providing the service, (Studio) Kim Engelen does not guarantee that the website or the service or any part of it will meet your requirements or expectations. 

14.2 (Studio) Kim Engelen makes reasonable efforts to ensure that the information and material provided on the website is accurate and up-to-date, however errors or conflicts in the data may occur, and may not be correctable. 

14.3 (Studio) Kim Engelen reserves the right to interrupt the service on a regularly scheduled basis or otherwise, with or without giving prior notice, in order to perform maintenance. However, (Studio) Kim Engelen will use reasonable efforts to schedule maintenance during low-usage times of day. 

14.4 You acknowledge that the service may be interrupted for reasons beyond the control of (Studio) Kim Engelen, and that (Studio) Kim Engelen cannot guarantee that you will be able to access the service or your account whenever you may wish to do so. (Studio) Kim Engelen will not be liable for any interruptions to the service, or any inability to access any of the pages on the website, resulting from any causes beyond our reasonable control, such as the quality of your internet connection or the operation of payment systems on the website.   

14.5 You are responsible for obtaining internet access to the website from where you are in order to use service. (Studio) Kim Engelen cannot be held responsible for your failure to access the website or use the service from any location or browser.  Any access fees incurred in reaching the website (e.g. dial up charges) and any equipment necessary to access the service are your responsibility.   

 

15. Duration and termination

15.1 (Studio) Kim Engelen reserves the right to send you one or more written warnings or immediately suspend or terminate your registration with or your use of the website if you breach these terms (repeatedly or otherwise). 

15.2 On termination of your registration under these terms: 

15.2.1 (Studio) Kim Engelen will immediately deactivate your account and bar any further access to the service; and 

15.2.2 (Studio) Kim Engelen might delete your profile and may also delete your content, except as required by law or any regulatory authority. 

 

16. General

16.1 These terms are governed by European law, and you and (Studio) Kim Engelen agrees to submit to the non-exclusive jurisdiction of the European courts.  

16.2 (Studio) Kim Engelen will be entitled to process your personal data in accordance with the terms of our privacy policy, which may involve transfer of your personal data outside of the EEA (European Economic Area).   

16.3 (Studio) Kim Engelen may make changes to these terms from time to time, and place the new version on the website before the change takes effect. (Studio) Kim Engelen will not mention any change to the websites’ home page. Your continued use of any of the pages on the website after a new version of these terms has been placed on the website will constitute your acceptance of such changes. If you do not agree to any changes to these terms, your only remedy is to terminate your registration and cease using the website.   

 

17. Complaints and customer care

17.1 If you have a complaint about the content posted by any user on any of pages on the website please contact (Studio) Kim Engelen via: info@kimengelen.com.

17.2 If you are unhappy with any aspect of the service, then please let me know what I can improve. You may write to (Studio) Kim Engelen via info@kimengelen.com.

 

18. Definitions

18.1 In these terms and conditions, the following definitions are used: 

18.1.1 ‘Abuse/Abusive’: conduct described in our help pages; 

18.1.2 ‘Account’: the account allocated to you as part of the registration process; 

18.1.3 ‘(Studio) Kim Engelen‘: the blog pages provided on the website including any blogs or social media channels by Kim Engelen , those operated by local groups which are hosted or posted by (Studio) Kim Engelen or any other part of the website on which users can communicate with each other ; 

18.1.4 ‘Blog Page’: a blog facility provided on some of pages of the website, enabling users to communicate with each other and submit content; and ‘Blogging’ means communicating with other users on a blog page; 

18.1.5 ‘Content’: any content or material (including text, logos, graphics, sound recordings, films, images, links to other websites); 

18.1.6 ‘Defamatory material/content’: any content which negatively affects a person’s or organisation’s reputation;. 

18.1.7 ‘Donation’: any donation of money which you wish to make to (Studio) Kim Engelen in respect of any particular campaign, artwork, book, membership or otherwise; 

18.1.8 ‘Intellectual Property’: any patent, copyright (including so-called ‘moral rights’), trade mark, design right, database or similar right anywhere in the world; 

18.1.9 ‘User’: a person who has registered for the service on any page or parts of the website; 

18.1.10 ‘Post’: upload, display, exhibit, publish, submit, distribute, transmit and/or disclose information, details and/or other material on the website; 

18.1.11 ‘Profile’: the section of the website in which you post information about yourself; 

18.1.12 ‘Service’: the service provided to you on the website; 

18.1.13 ‘Website’: the website is owned and controlled by (Studio) Kim Engelen. (Studio) Kim Engelen includes the (Studio) Kim Engelen communities, memberships, shop, pages, accounts, and ‘website’ shall mean any one page or parts of the website; 

18.1.14 ‘Subscription fee’: the fee payable by you for your Art Angel membership; 

18.1.15 ‘Subscription’: your membership of a certain art-service of (Studio) Kim Engelen; 

18.1.16 ‘these terms’: these terms and conditions governing your use of the website; 

18.1.17 ‘(Studio) Kim Engelen‘: Contemporary artist Kim Engelen’ art. Which includes but it no limited to: art, books, memberships, art lending service, artist-talks, workshop, exhibitions, etcetera. With tax registration no. (to be announced).

18.1.18 ‘you’: the person who wishes to use the website and/or register on the webiste and ‘your’ has a similar meaning; and 

18.1.19 ‘Your content’: any content which you submit to the website while using the service, in correspondence on blog pages and similar areas on the website in which users may communicate with each other or in emails or live chat. 

 

20. Guidelines for content you submit to the website

19.1 When posting your content please take time to reflect on what you are publishing; 

19.2 First, consider (Studio) Kim Engelen aims and objectives. Is your content relevant to these? Is your content relevant to the subject of the blog page you are posting your content to? 

19.3 Set out your view clearly without using offensive or aggressive language. 

19.4 Consider if the view that you wish to express could be considered ‘Defamatory material/content’ (this is explained at clause 9. ‘Rules on your content and blogging’ (above) and if so, do not express it. 

19.5 Show respect to others who will access the website. Your content may be read by people with differing ages, backgrounds, nationalities, beliefs and may be the subject of your comments. 

19.6 Set out the facts and matters which lead you to the view you are expressing; 

19.7 Be open to other peoples’ views and beliefs, and respect their right to hold views that differ from yours.

Thank you very much for your valuable membership.