Terms and conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Kolly Gallery AG and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website;
redistribute material from this website (except for content specifically and expressly made available for redistribution).
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Kolly Gallery AG website’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Kolly Gallery AG website’s express written consent.
You grant to Kolly Gallery AG to use any personnal datas or statistics for marketing purpose.
Access to certain areas of this website is restricted. Kolly Gallery AG reserves the right to restrict access to areas of this website, or indeed this entire website, at Kolly Gallery AG website’s discretion.
If Kolly Gallery AG provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Kolly Gallery AG may disable your user ID and password in Kolly Gallery AG website’s sole discretion without notice or explanation.
If Kolly Gallery AG provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you accept that Kolly Gallery AG uses your personnal datas or statistics for marketing purpose.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Kolly Gallery AG a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Kolly Gallery AG the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Kolly Gallery AG or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Kolly Gallery AG reserves the right to edit or remove any material submitted to this website, or stored on Kolly Gallery AG website’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. Kolly Gallery AG makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Kolly Gallery AG does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Kolly Gallery AG will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kolly Gallery AG has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Julien Kolly’s liability in respect of any:
death or personal injury caused by Julien Kolly’s negligence;
fraud or fraudulent misrepresentation on the part of Kolly Gallery AG; or
matter which it would be illegal or unlawful for Kolly Gallery AG to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Kolly Gallery AG has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Kolly Gallery AG website’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kolly Gallery AG website’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kolly Gallery AG.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Kolly Gallery AG and undertake to keep Kolly Gallery AG indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kolly Gallery AG to a third party in settlement of a claim or dispute on the advice of Kolly Gallery AG website’s legal advisers) incurred or suffered by Kolly Gallery AG arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Kolly Gallery AG website’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Kolly Gallery AG may take such action as Kolly Gallery AG deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Kolly Gallery AG may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Kolly Gallery AG may transfer, sub-contract or otherwise deal with Kolly Gallery AG website’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Kolly Gallery AG in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with swiss law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.
Your privacy is important to Kolly Gallery AG. This privacy statement provides information about the personal information that Kolly Gallery AG collects, and the ways in which Kolly Gallery AG uses that personal information.
Personal information collection
Kolly Gallery AG may collect and use the following kinds of personal information:
information about your use of this website (including statistics of your visit);
information that you provide using for the purpose of registering with the website (including your personnal information);
information that you provide for the purpose of subscribing to the website services (including our newsletter or the restricted access areas); and
any other information that you send to Kolly Gallery AG.
Using personal information
Kolly Gallery AG may use your personal information to:
administer this website;
personalize the website for you;
enable your access to and use of the website services;
send you marketing communications;
for marketing or/and statistics purpose.
Where Kolly Gallery AG discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Kolly Gallery AG may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
Kolly Gallery AG will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Kolly Gallery AG will store all the personal information you provide on its secure servers.
Cross-border data transfers
You agree to such cross-border transfers of personal information.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
Kolly Gallery AG is not responsible for the privacy policies or practices of any third party.
Kolly Gallery AG contact
Kolly Gallery AG
Seefeldstrasse 56, 8008 Zürich, Switzerland
You can contact Kolly Gallery AG by email to firstname.lastname@example.org.
This document was created using a Contractology template available at http://www.freenetlaw.com.