Legal Information – Terms – Conditions


Website Ownership
The Hundertwasser Non-Profit Foundation, based at Colloredogasse 32, 1180 Vienna, Austria, is the owner of the www.hundertwasser.com website and makes it available for users so as to spread news on the services and activities it offers and to make content concerning Hundertwasser’s work accessible, in this way fostering the creation of new knowledge.

Acceptance of Terms and Conditions
Carefully review these terms and conditions. By accessing and using this Web site, you agree to follow and be bound by these terms and conditions.

You acknowledge
I) that you have read and understood these terms and conditions,
II) that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions, and
III) that these terms and conditions have the same force and effect as a signed agreement.
If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this Web site. If you do not wish to be bound by these terms and conditions, please exit www.hundertwasser.com now and refrain from further use.
The Hundertwasser Non-Profit-Foundation may revise these terms and conditions of use at any time, which revisions shall be binding upon you.


Intellectual Property
All text, graphics, designs, logos, button icons, images, audio and video clips, data compilations and information (“Content”) contained on this Web site is owned or controlled by The Hundertwasser Non-Profit Foundation or its content suppliers and is protected by Austrian and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.
All logos and trademarks displayed on this Web site are trademarks of The Hundertwasser Non-Profit Foundation or are the marks, trade names, trade dress of their respective owners (“Trademarks”) and are protected in Austria and internationally. No use of any Trademarks may be made without the prior written authorization of The Hundertwasser Non-Profit-Foundation or the respective owners of the Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in this Web site. All right, title and interest in the Content and the Trademarks shall reside solely with The Hundertwasser Non-Profit Foundation or the respective owners thereof.
All pictures included on this website are the property of The Hundertwasser Non-Profit Foundation, unless otherwise noted, and are protected by international intellectual property and copyright laws.
a) Copying, reproduction and public dissemination is forbidden.
b) Sale or rental of the pictures is forbidden.
c) Distribution, downloading, transmission or storage in any form or on any medium is forbidden.


Requesting Permission for Use
You must request and obtain express permission from The Hundertwasser Non-Profit-Foundation for all uses of Content.
For information on obtaining copyright permissions of paintings, prints, drawings or any other art work by Hundertwasser and images found on this website, please send a written request to
The Hundertwasser Non-Profit Foundation
Colloredogasse 32, 1180 Vienna, Austria
hwarch [at] hundertwasser.com


Links from Our Site
This website provides hyper-links to third party websites (the “linked sites”). The Hundertwasser Non-Profit Foundation is not responsible for the content or links of the linked sites. We do not actively monitor or control the content or links of the linked sites, which may continuously change. A link from our website to a linked site does not imply a relationship with, or endorsement of, the linked site(s) or its content, purpose, policies, or business practices.


Representations of User
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. By using this Web site, you hereby represent and warrant that:
I) all information contained in any submission or posting by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these terms and conditions; and
II) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.

The Hundertwasser Non-Profit Foundation’s Rights With Regard to Your Submissions and Conduct
The Hundertwasser Non-Profit Foundation does not guarantee any confidentiality with respect to any content, including without limitation comments, blog entries, forum messages, audio, video or photographs that may be submitted to the Hundertwasser Non-Profit Foundation. Any submission you make may be edited, removed, modified, altered or changed, including in a manner not agreeable to you.
We reserve the right to delete, move or edit submissions that, in our sole discretion, is deemed to be offensive, abusive, defamatory, obscene, or off-topic as well any submission that we believe may violate copyright laws, trademark laws or are otherwise unacceptable for any reason without prior notice.
The submission to The Hundertwasser Non-Profit Foundation of any content by you acknowledges the existence of and constitutes a grant to the Hundertwasser Non-Profit Foundation of a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Submissions, including without limitation for promoting and redistributing part or all of this Web site (and derivation of this Web site) in any media formats and through any media channels.
You also hereby grant each user of this Web site a non-exclusive license to access Your Submissions through this site, and to use, reproduce, distribute, display and perform Your Submissions through the functionality of this Web site and under these terms and conditions
The acceptance of Your Submission by The Hundertwasser Non-Profit Foundation does not constitute an endorsement of Your Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Submissions.


Warranty and Indemnification
By using www.hundertwasser.com in any manner, you represent and warrant that your use will be consistent with these terms and conditions. You agree to indemnify, defend, and hold The Hundertwasser-Non-Profit Foundation harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of www.hundertwasser.com


Termination Policy
You may terminate your use of www.hundertwasser.com at any time. We may suspend or terminate your access to www.hundertwasser.com, at any time, for any reason. If we suspect that you have violated any provision of these terms and conditions, we may also seek any other available legal remedy. Your rights under these terms and conditions will terminate automatically if you breach any part of these terms and conditions. You remain solely liable for all obligations related to use of www.hundertwasser.com, even after you have stopped using www.hundertwasser.com.
Copyright Notice
Copyright for Hundertwasser art works is:
© 2013 NAMIDA AG, Glarus, Switzerland. All rights reserved.
For Hundertwasser texts, films and videos, audio, photographs, documentation copyright is
© 2013 Hundertwasser Archive, Vienna. All rights reserved.
Copyrights in the individual works are noted as appropriate throughout www.hundertwasser.com. All rights reserved. Every effort has been made to determine the existence and ownership of any copyrights on www.hundertwasser.com.
In regard of photographs it has not been possible in every instance to determine the origins of the materials, or whether any copyright exists in the material. Appropriate copyright, where available, has been set forth within www.hundertwasser.com. Please contact hwarch [at] hundertwasser.com for additional information on copyright crediting.


Copyright Infringement
If you are a copyright owner or an agent thereof and believe that other content on this Web site infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement may be sent to:
The Hundertwasser Non-Profit Foundation
Colloredogasse 32, 1180 Vienna, Austria
hwarch[at]hundertwasser.com
You acknowledge that if you fail to comply with all of the requirements of this Section your notice may not be valid.


Privacy
The Hundertwasser Non-Profit Foundation may collect registration and other information about you through www.hundertwasser.com. Our collection, use, and disclosure of this information is in accordance with the privacy policy of The Hundertwasser Non-Profit Foundation.
Privacy policy
The Hundertwasser Non-Profit Foundation and its affiliated enterprises consider it very important that the data of visitors to the www.hundertwasser.com website be handled with due care. Consequently, the www.hundertwasser.com website has been designed with a view to protecting your privacy to the greatest degree possible.

By indicating on this website that you wish to receive information by e-mail, you grant The Hundertwasser Non-Profit Foundation and/or an affiliated enterprise permission to inform you from time to time with regard to its activities and products offered by
The Hundertwasser Non-Profit Foundation and/or affilitated enterprise. However, you will always have the option to indicate that you do not wish to be sent any further information. In the event that you do not wish to receive any more information from The Hundertwasser Non-Profit Foundation, you can cancel this service at any time by sending an e-mail to hwarch [at] hundertwasser.com.

The Hundertwasser Non-Profit Foundation will not supply your personal data to third parties without obtaining your express consent. In exceptional cases, The Hundertwasser Non-Profit Foundation may call on third parties to provide certain services, for example for the shipment of goods ordered from our online shop. In connection with this, certain personal data will have to be provided to third parties. However, these data shall only be provided for the purpose specified and these third parties shall be obliged to treat the data as confidentially as The Hundertwasser Non-Profit Foundation does.

Disclaimer
The Hundertwasser Non-Profit Foundation provides www.hundertwasser.com on an “as is” basis. Your use of www.hundertwasser.com content and compilation is at your own risk. We disclaim all warranties of any kind, wether express or implied, included but not limited to the implied warranteis of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third party proprietary rights.
We do not warrant that www.hundertwasser.com will provide continuous, prompt, secure or error-free service. We will assume no liability for any errors or omissions, including inaccuracy of content, or any damages or losses that you or any third pary may incur as a result of the unavailability of www.hundertwasser.com.

We assume no responsibility, and shall not be liable for, any damages to, or viruses may affect, your computer equipment or other property arising from your use of www.hundertwasser.com, including but not limited to the reproduction of the content or compilation.

Limitation of Liability
In no event shall The Hundertwasser Non-Profit Foundation be liable to any part for any direct, indirect, special or other consequential damages for any use of this web site, or on any linked web site, including, without limitation, any profits, business interruption or otherwise.
Indemnification
You agree to indemnify , defend and hold The Hundertwasser Non-Profit Foundation harmless from and against any and all liability, claims, causes and actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these terms and conditions.


Severance and Waiver
You acknowledge and agree that in the event any provision of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from these terms and conditions. The failure by The Hundertwasser Non-Profit-Foundation to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to in writing by The Hundertwasser Non-Profit Foundation.


Venue and Choice of Law
These terms and conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of Austria, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in at an Austrian court and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.


Entire Agreement
These terms and conditions of use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
© The Hundertwasser Non-Profit Foundation. All rights reserved.