Terms and Conditions

Welcome to CorinneSmit.Art. By using the CorinneSmit.Art website, you confirm that you have read the terms and conditions regarding the conduct of parties accessing or using the CorinneSmit.Art website to trade and that you agree to be bound by these terms and conditions.

Please note that should you not agree to the terms and conditions stated below, you may not use the CorinneSmit.Art website. The site is managed in the Republic of South Africa. Purchases of services made from the site are subject to the terms and conditions of this agreement. By browsing on this site, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, and the other policies displayed on this site.

The website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without prior written consent from CorinneSmit.Art.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

By visiting the website on the Internet you agree that using this service is entirely at your own risk. The site and its contents are provided on an “as is” basis and CorinneSmit.Art makes no representations or warranties of any kind.

The Information expressed and displayed on this site should not be regarded as the opinion of CorinneSmit.Art. Potential clients are encouraged to consult professional advice before taking any course of action related to the information displayed on this site. To the full extent permissible by South African law, CorinneSmit.Art, its directors, employees, suppliers, or service providers disclaims all representations including the accuracy of content or information, products, or services. CorinneSmit.Art does not guarantee that the services provided by the site will be uninterrupted or error-free, or that the website, its servers, or e-mails sent from CorinneSmit.Art are free from viruses.

CorinneSmit.Art, their directors, members, employers, employees, and suppliers shall not be liable for any loss, damage, or expense that may be suffered. By accepting the terms and conditions you indemnify CorinneSmit.Art from any loss or damage suffered, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded.

CorinneSmit.Art liability, whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise, shall not exceed at any time more than the monetary value of the services purchased with regards to any dispute.

APPLICABLE LAW

The CorinneSmit.Art website and all communications and transactions concluded using the website, are governed by the laws of the Republic of South Africa.

INVITATION TO DO BUSINESS

The services which are displayed on the website are seen as an invitation to do business with CorinneSmit.Art. Transactions are only confirmed when CorinneSmit.Art has received your 50% deposit on commissions or your full payment for original artworks or prints, and accepted your transaction and the acceptance is communicated to you via email or telephone call.

ELECTRONIC COMMUNICATIONS

When a user visits the website or sends e-mails to CorinneSmit.Art, you are consenting to communicate with us electronically. CorinneSmit.Art will communicate with you by e-mail.

USER INFORMATION

When purchasing our services, you are required to provide CorinneSmit.Art with complete and accurate information about yourself and you agree that the information provided to CorinneSmit.Art is correct. Purchasing Services from CorinneSmit.Art is restricted to persons over the age of 18. Any person not permitted to register as a purchaser but who does so shall be guilty of committing fraud.

FREE AND NON-FREE EMAIL ACCOUNTS

Please note that without a valid/nonfee email address/account, you will not be able to purchase services displayed on the CorinneSmit.Art website with a credit card.

OUR RIGHTS

1. We reserve the right to:
   Modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
2. Change these Conditions from time to time and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension, or withdrawal of all or part of the Website due to circumstances beyond our control.

THIRD-PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access, and/or removing any materials from the Website).

UPDATING OF THESE TERMS AND CONDITIONS

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

CONSENT

I understand that all the designs and trademarks are registered to Corinne Smit and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in any way and understand the legal implications thereof. Should I be found to be in violation of this agreement, I understand that I will be held liable for all legal costs incurred by Corinne Smit for any civil action or any legal action deemed necessary against me.

ACCEPTANCE OF TERMS

The services that CorinneSmit.Art provides to the user are subject to the following Terms of Use (“TOU”). CorinneSmit.Art reserves the right to update the TOU at any time without notice to the user. The most current version of the TOU can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our website (footer). By using the CorinneSmit.Art website (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use the CorinneSmit.Art is personal to the User and is not transferable to any other person or entity.

• CorinneSmit.Art shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of the CorinneSmit.Art website and all charges related thereto.

USER CONDUCT

• User shall use the website for lawful purposes only. User shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CorinneSmit.Art express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, indiscretion, restricts or inhibits any other user from using or enjoying the website will not be permitted. User shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CorinneSmit.Art
• CorinneSmit.Art website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the CorinneSmit.Art website are copyrighted as a collective work under the South African copyright laws. CorinneSmit.Art owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may not download copyrighted material. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
• User shall not upload, post, or otherwise make available on the CorinneSmit.Art website any material protected by copyright, trademark, or another proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the website, the User automatically grants, or warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

MATERIALS PROVIDED TO THE WEBSITE OR POSTED AT ANY OF ITS PAGES

No compensation will be paid with respect to the use of the User’s Submission, as provided herein CorinneSmit.Art is under no obligation to post or use any Submission User may provide and CorinneSmit.Art may remove any Submission at any time in its sole discretion.

By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that: 

(a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services,

(b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and

(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By Posting Images, the User is granting:

(a) to all members of User’s private community (for each such Images available to members of such private community), and/or

(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services.

The licenses granted in the preceding sentences for Images will terminate at the time User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images.

No compensation will be paid with respect to the use of the User’s Images. Any rights not expressly granted herein are reserved.