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1. Intellectual Property rights

Alexandra Viskum is the owner or the licensee of all intellectual property rights of this Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Alexandra Viskum and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of E.U, foreign jurisdictions and international conventions. The Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Alexandra Viskum's express prior written permission. Alexandra Viskum reserves all rights in the Website, Content and Marks.

Terms of Use Agreement

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Alexandra Viskum, under the laws of Bilbao, Spain (“Alexandra Viskum”) and you, whether personally or on behalf of an entity (“you”), with regard to access and use of Alexandra Viskum's website: https://alexandraviskum.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. 

 

This website is operated by Alexandra Viskum, a company registered in Spain at Artekale 34, tv, Bilbao, Bizkaia 45008. VAT number is Y9952936E. Throughout the Website, the terms “you,” and “your” refer to site Clients, visitors, and other users of the Website.

 

Please read these Terms of Use carefully before accessing or using the Website or engaging in any of the Services.

By accessing or using any part of the site, you agree to be bound by all of these Terms of Use. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of your use of the Website, and you are ordered to discontinue use immediately. Thereafter the relationship between you and Alexandra Viskum shall cease and be of no further force and effect between the parties, except that any obligation of you to pay Alexandra Viskum for services rendered shall remain and continue to be an ongoing obligation owed by you to Alexandra Viskum.

 

Supplemental terms and conditions, documents, features or tools that may be added on the current Website shall also be subject to the Terms of Use. You can review the most current update “Laste updated” of the Terms of Use at any time on this page. Alexandra Viskum reserves the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

By agreeing to these Terms of Use, 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 me your consent to allow any of your minor dependents to use this site.

2. User representation

By using the Website, you represent and warrants that:you has the legal capacity and agrees to comply with these Terms of Use; you is not a minor in the jurisdiction of their domicile; you will not access the Website through automated or non-human means; you will not use the Website for any illegal or unauthorized purpose; your use of the Website will not violate any applicable law or regulation.

3. Ownership of Materials

Notwithstanding Alexandra Viskum's ownership of Submissions, as described in Section 8 (“Client Feedback”), all design and original source files created on your behalf (“Projects”) belong to you, and you shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Alexandra Viskum to become the owner of a Project, in whole or in part, rather than you, Alexandra Viskum irrevocably and perpetually assigns its entire interest in the Project to you, without limitation. You warrants that any and all materials provided to Alexandra Viskum as examples or as material to be incorporated into a project during the design process are owned by you and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Alexandra Viskum always reserves the right to share your design work publicy (social media, website, etc.) unless agreed upon as stated in Section 23 (“Rights to use of deliverables”).

4. This-party links

Certain content, products and services available via the Website may include materials from third parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with or by Alexandra Viskum. Alexandra Viskum is not responsible for examining or evaluating the content or accuracy and Alexandra Viskum do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Alexandra Viskum is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 

 

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any

transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

5.Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Alexandra Viskum and require a commercial license in order for you to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Alexandra Viskum will inform you in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for you to identify which licenses are required and who to contact in order to purchase said licenses. So long as Alexandra Viskum has informed you of the incorporation of Third-Party Fonts as described above, you assumes all responsibility for any consequences as a result of a failure by you to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

6. Prohibited activities

You shall not access or use the Website for any purpose other than that for which the Website is made available to you. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Alexandra Viskum on behalf of you. Further, you agree to refrain from and is prohibited from using the Website, its content or the product of any services rendered: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

 

Alexandra Viskum reserves the right to deny acces to and use of the services to any person for violating any of the prohibited uses or for any reason or for no reason, including without limitations for breach of any representation, warranty, or coventant contained in this Terms of Use. Alexandra Viskum may terminate your use or participation in the service or delete any content or information that you posted any time, without warning, in Alexandra Viskum's sole discretion. 

7. Management and Oversite

Alexandra Viskum reserves the right, but not obligated to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation; (3) in the sole discretion and without limitations, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect Alexandra Viskum's rights and property.

8. Client feedback and other submissions

You acknowledge and agree that any questions, comments, suggestions, proposals, ideas or other feedback or submission (for example, testimonials) shall be assigned to the sole property of Alexandra Viskum and Alexandra Viskum is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Alexandra Viskum shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to you under Section 3 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to you. You agree that it has the right to articulate and put forth the Submission and you hereby waives all claims and recourse against Alexandra Viskum for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter. By sending Alexandra Viskum Submissions through any part of the services you confirm that you have read and agree to adhere to Section 6 (“Prohibited activities”).

9. Privacy Policy

By using the Website, you agree to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. 

10. Refund policy

All payments made to Alexandra Viskum are final and any refunds are at our discretion. Should you request a refund during the first month of use, all materials produced by Alexandra Viskum are ownership of the company and are prohibited from being used by the you in any way. 

11. Modifications to the service and prices

Alexandra Viskum reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Alexandra Viskum reserves the right to modify or discontinue all or part of the Website without notice and without liability to you.

 

Further, prices for the products are subject to change without notice. Alexandra Viskum reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. I shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service. Any user of this Website who have accepted the general rolling payment terms in Section 12 (“Payment Terms”) acknowledge that the cost of Alexandra Viskum's services may change during the term of the relationship with Alexandra Viskum. Any changes in pricing will only come into effect after the current billing period.

12. Payment Terms

Before Alexandra Viskum begin any project, you must pay the amount agreed upon in the signed proposal. Unless otherwise stipulated payments are due within 5 days of billing date. 

 

Failure of payments will result in immediate cessation of all work carried out by Alexandra Viskum. For avoidance of doubt, Alexandra Viskum is not responsible to start any work until payment is made in full. Any payments which are 30 days or more past due will without limiting to the rights and remedies of Alexandra Viskum, accrue an additional interest rate of 5% of the outstanding payment amount per week. After 90 days, Alexandra Viskum may, at its sole discretion, submit the past due amount to a collections agency. You shall also be responsible for any and all costs associated with the collection of the past due funds including, but not limited to, administrative and court costs. 

 

All payments are to be in Euros or a currency otherwise agreed (limited to DKK, USD, and EUR), and made via third party payment provider Stripe, automated credit card payment or bank transfer. Alexandra Viskum do not accept payment by cash or check. Any additional fees associated with these payment methods will be settled by you. 

13. Termination of Agreement

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or Alexandra Viskum. 

 

Both parties understand that you or Alexandra Viskum may terminate these Terms of Use at any time if, for any reason, the relationship is deemed unsatisfactory by either party. You must submit a written cancellation request to Alexandra Viskum for immediate notification and approval at hello@alexandraviskum.com. You are responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Alexandra Viskum.  

 

Alexandra Viskum is entitled to keep all amounts due up to and including the date of termination as compensation for the work done.  No refunds are provided upon termination unless otherwise assessed on a case by case basis.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, Alexandra Viskum also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14. Products or Services

All products or services are subject to Section 10 (“Refund Policy”) of this Agreement.

 

Alexandra Viskum reserves the right, but are not obligated, to restrict the sales of the products or services to any person, company, geographic region or jurisdiction. Alexandra Viskum may exercise this right on a case-by-case basis. Alexandra Viskum reserves the right to limit the quantities and scope of any products or services that Alexandra Viskum offer. All descriptions of products or product pricing are subject to change at any time without notice, at Alexandra Viskum's sole discretion. Alexandra Viskum reserves the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

 

The Services offered shall be produced with the highest attention to detail to ensure the correct reference material has been used and information is correct, however Alexandra Viskum offer no warranties regarding informational accuracy, quality, or other aspects of the Service. It is your responsibility to ensure informational accuracy and to work within the terms of your specific engagement with Alexandra Viskum to correct any omissions, inaccuracy or errors. Once the final product has been delivered to the customer, Alexandra Viskum is not responsible for any corrections or revisions, unless stated otherwise within your particular engagement with Alexandra Viskum.

15. Deadline

Alexandra Viskum try hard to ensure that deadlines and milestones are met punctually, and almost always manage this. From time to time however, workload may cause Alexandra Viskum to need to put back delivery dates. Where this is necessary, Alexandra Viskum will always seek to agree with you first. Alexandra Viskum reserves the right, however to put back any milestone or delivery date by up to 48 hours, providing that Alexandra Viskum have given you notice of this at least 24 hours in advance of the planned due date. 

16. Connection Interruptions

Alexandra Viskum do not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Alexandra Viskum's control. You agree that Alexandra Viskum shall not be liable to you for any loss, damage or inconvenience caused by your inability to access or use the Website during any interruption in the connection or service.

17. Accuracy of billing and account information

Alexandra Viskum reserves the right to refuse any order you place with Alexandra Viskum. Alexandra Viskum may, at Alexandra Viskum's sole discretion, limit or cancel quantities. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Alexandra Viskum make a change to or cancel an order, Area M6 may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

You agree to provide current, complete and accurate purchase and account information for all purchases through with Alexandra Viskum or its affiliates. You agree to promptly update your account and other information, including email address and credit card numbers and expiration dates, so that Alexandra Viskum can complete your transactions and contact you as needed.

18. Governing Law

These Terms of Use shall be governed by and interpreted following the laws of Spain, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. 

19. Disclaimer

The Website is provided on an as-is, as-available basis. Alexandra Viskum do not guarantee, represent or warrant that your use of Alexandra Viskum’s service will be uninterrupted, timely, secure or error-free. You agree that from time to time Alexandra Viskum may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You agree that its use of the Website and Services are at your sole risk. Alexandra Viskum disclaim all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Alexandra Viskum make no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Alexandra Viskum assume no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Alexandra Viskum’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Alexandra Viskum do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

20. Limitations of Liability and Indemnification

Alexandra Viskum and its directors, employees, members, independent contractors or agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from your use of the Website. You agree to defend, indemnify and hold harmless, Alexandra Viskum and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth herein; (4) Your violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Alexandra Viskum reserves the right, at your expense, to assume control and defense of any matter for which you shall be required to indemnify Alexandra Viskum hereunder. You agree to cooperate with the defense of such claims. 

21. User Data

You are solely responsible for all data transmitted to or that relates to any activity you have undertaken using the Website. Alexandra Viskum shall have no liability to you for any loss or corruption of any such data and you hereby waives any right of action against Alexandra Viskum from any such loss or corruption.

22. Electronic communications, transactions, and signatures

You hereby consent to receive electronic communications from Alexandra Viskum and you agree that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Alexandra Viskum or through the Website. You hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

23. Rights to use of deliverables

Alexandra Viskum reserves the rights to share your design work on digital channels including social media, website, etc. unless otherwise agreed upon. You reserve the right to issue a Non Disclosure Agreement between themselves and Alexandra Viskum, which in turn would void the right of Alexandra Viskum to share or discuss your work publicly.

24. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between you and Alexandra Viskum. Failure of Alexandra Viskum to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.These Terms of Use and any policies or operating rules posted by Alexandra Viskum on this site or in respect to the Service constitutes the entire agreement and understanding between you and Alexandra Viskum and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Alexandra Viskum (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between you and Alexandra Viskum.

25. Contact information

For any questions or complaints regarding the Website, please contact Alexandra Viskum at: hello@alexandraviskum.com

Alexandra Viskum - Terms And Conditions of Use

Last updated May 18, 2023

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