Terms of Use
The Service Provider's statement: Walland is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. Walland has a zero tolerancepolicy for intellectual property rights infringement. Therefore, we ask our Artists to keep it in mind each time they are uploading content to Walland. The Artists are required to upload works which do not infringe upon the copyrights, moral rights, publicity rights, privacy rights or any other rights of any person or third party, or violate any law or judicial or governmental order. In simple words, stealing other people's works and passing it as their own is against the law and against what Walland stands and will stand for.
- Terms used herein carry the following meanings:
- I. General Provisions
- II. Scope and Conditions for Using the Website.
- III. Providing Access to Product Models and Selling Products.
- Sale of Product
- Account Registration.
- Termination of the Services Agreement.
- Compliance of Product Models with law and reporting of potential violations.
- Protection of intellectual property rights or other rights of third parties.
- Use of the Website.
- Voucher
- Terms of use
Terms used herein carry the following meanings:
- Voucher - a multi-purpose voucher issued by the Service Provider to the Subscriber underthe Subscription Agreement.
- Password - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Influencerduring theRegistration process.
- Account - ICT resources within the Website which the Artist/User/Influencermay access following one-time Registration, and upon providing, in each case, the Name and Password (logging in). The Artist uses the Account to publish and provide the Users with access to the Product Models.
- Share and Earn - the functionality of the Website available under the Account's administrationpanel, which: (a) enables the Artist to provide a link to purchase a Product based on the Product Model published and made available on the Account by the given Artist, on his or her website, blog, account on Facebook, Instagram, Twitter, Pinterest, YouTube or on other websites and social media of the Artist and (b) enables the Influencer to provide a link to purchase any Product on his or her the website, blog, account on Facebook, Instagram, Twitter, Pinterest, YouTube or on other websites and social media of theInfluencer.
- Name (login) - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Influencerduring the Registration process.
- Subscription Fee - payment due to the Service Provider from the Subscriber for the provision of the Subscription Plan service.
- Subscription Plan (Walland Membership Club) - a service provided by the Service Provider to the Subscriber, as part of whichthe Subscriber obtainsanaccess to numerous benefits within the Website on terms described in the Terms of Use and agreed in the Subscription Agreement.
- Product - a physical copy of a work or another product of human activity, including but not limited to graphics, posters, paintings, illustrations or photographs, provided totheUser or persons who purchased the Product via the Partner by the Service Provider or assembly system.
- Registration - a one-time action which consists in creating an Account by the Artist/User/Influencer with the use of an administration panel provided by the Service Provider on the Website. The Registrationis completed upon the Artist/User/Influencer accepting a registration form available on one of the Website pages, filling in appropriate spaces of the form and clicking an appropriate button. The Registration is effective upon successful completion of a verification process by the Service Provider, which is followed by an e-mail with aconfirmation of Registration sent to the Artist's/User's/Influencer's address.
- Terms of Use - these Terms of Use.
- Website (www.Walland.com, Walland) - an Internet website which enables Artists to provide access to the Product Models.
- Force Majeure - an exceptional external occurrence beyond the control of a given Party which was impossible to prevent despite exercising due diligence.
- Parties - depending on an Agreement to which the Terms of Use refer: the Service Provider and the Artist or the Service Provider and the User.
- Subscriber - a User who executed the Subscription Agreement with the Service Provider and subscribed tothe Subscription Plan.
- Agreement -an agreement for the provision of Services concluded by and between the Artist/User/Influencerand the Service Provider upon the Artist's/User's/Influencer's first access to the Account following successful Registration. The agreement is concluded for an indefinite period. In the case of Users not holding an Account, the agreement for the provision of Services is concluded each time upon entering the Website and terminated upon leaving the Website. Moreover, in the case of the agreement between the Artist and the Service Provider, the Agreement also covers the provision of services connected with the Artist delivering the Product Models to the Website on the terms and conditions provided for in these Terms of Use.
- Subscription Agreement - an agreement concluded between the Service Provider and the Subscriber, based onwhich the Service Provider provides to the Subscriber the Subscription Plan service and allows the Subscriber to acquire the Voucher.
- Service - a service provided by electronic means by the Service Provider under the Act on Providing Services by Electronic Means on terms and conditions provided for in the Terms of Use, which consist in:(a) providing the Artist/User/Influencerwith an Account and other 3functionalities of the Website, in particular the Subscription Plan, and (b) making it possible for the User to make an order for a Product.
- Service Provider - GWD CONCEPT Sp. z o.o. with registered office in Warsaw at Al. Jerozolimskie 123 a, registered in the District Court in Warsaw, Commercial Division of the National Court Register under KRS No. 0000451277 and Tax Identification under No. PL9512364589. Moreover, the company is registered under BDO No. 000130019.
- Act on Copyrights and Related Rights - Act on Copyrights and Related Rights of 4 February 1994 (Dz. U. [Journal of Laws] of 1994, No. 24, item 83, as amended).
- Act on Providing Services by Electronic Means - - Act on Providing Services by Electronic Means of 18 July 2002 (Dz. U. [Journal of Laws] of 2002, No. 144, item 1244, as amended).
- User - - (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website.
- Product Model - a digital presentation of a Product in the form of data published and made available by the Artist on the Account.
- Initial Order - an order for a Product or Products made within the Website during which a Subscription Agreement is concluded; within the Initial Order, the Subscriber may only order Products in size M, L or XL.
- Limited Editions – limited in quantity and/or time series of the Product, having modifications and printing refinements not available for standard orders, certificate of authenticity and manually marked by assigning an individual number together with information about the quantity of the Product available within a given series, which is available for purchase via the Website without the option of finishing and the borders of the ordered Product and in size M and at a price provided by the Service Provider on the Website.
- Influencer – (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website, who has entered into a separate cooperation agreement with the Service Provider and has created and currently maintain an Account in order to use and derive profits from the usage of Share and Earn. Influencer is not a consumer within the meaning of the law.
- Partner – website through which it is possible to purchase the Product by users of this website. Under no circumstances should the Partner be considered a subcontractor, agent or any entity acting on behalf of the Service Provider.