WAITING FOR APPROVAL BY OUR LEGAL COUNCELLOR
WEBSITE TERMS OF USE
Favela Painting is a foundation registered in the Netherlands.
1. INTRODUCTION
1.1 Access to and use of this website at https://www.favelapainting.com/ (the "Website") is provided by Favela Painting, subject to the following terms and conditions (referred to as the "Terms").
1.2 By using or accessing this Website you agree to be legally bound by these Terms which shall take effect immediately on your first use of this Website. If you do not agree to be legally bound by all of these Terms please do not access and/or use this Website.
1.3 The Favela Painting Foundation may add to or change these Terms at any time by posting changes online. Please review these Terms regularly to ensure that you are aware of any changes which are made. Your continued use of this Website after changes are posted means that you agree to be bound by these Terms as amended.
1.4 You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within or through the Website.
2. FUNDRAISING
The Favela Painting Foundation has an obligation to use 100% of the funds raised from any event registered on the Website to engage in art projects and research about these projects. You agree to ensure that 100% of the funds raised by any event you register on the Website shall be paid to The Favela Painting Foundation. You also agree the allocation to specific distributions of any and all funds donated to the Favela Painting Foundation for the purpose of executing their work at the sole discretion of the Favela Painting Foundation.
3. COPYRIGHT AND DATABASE RIGHT
3.1 The Favela Painting Foundation or other third parties own the copyright, database right and any other rights in all material on the Website (including but not limited to text, photographs, graphics and software).
3.2 Subject to these Terms, you may view, download, store and print any part of the Website intended for public viewing for your own personal non-commercial use. You may not use the Website or any material contained on the Website for any other purpose, commercial or otherwise. You may not, in any form or by any means including, but not limited to, by electronic, mechanical, microcopying, photocopying or recording, copy, adapt, modify, edit, republish, sell, license, distribute, transmit, publicly display, publicly perform, publish or process the Website or any part of the Website without the Favela Painting Foundation’s (and/or other relevant third party's) prior written consent. If you download, store or print any of the contents of the Website for your own personal non-commercial use, you must ensure that all notices which appear on any webpage or document are included in the copy or printout.
3.3 Without prejudice to the generality of clause 3.2 you may not except where expressly stated otherwise reproduce or store any part of the Website in any other website or include it in any public or private electronic retrieval system or service without the prior written permission of the Favela Painting Foundation (and/or of any other relevant third party if applicable).
3.4 No documents or related graphics on the Website are to be modified in any way. Graphics (including logos) are not to be used separately from the accompanying text.
4. TRADEMARKS
4.1 The trademarks, logos and service marks ("Marks") displayed on the Website are the registered or unregistered intellectual property of the Favela Painting Foundation and/or of other third parties.
4.2 No unauthorised use (including but not limited to unauthorised copying or adaptation) of any Mark, or of any trade or service mark that is confusingly similar to any Mark, may be made without the prior written permission of the Favela Painting Foundation or the third party owner/proprietor of such Mark. Any unauthorised use of a Mark, or use of a trade or service mark that is identical or confusingly similar to any Mark, may constitute an infringement of the legal rights of the Mark's owner/proprietor.
4.3 Nothing contained in these Terms or on the Website may be construed as conferring any licence or right under the Marks.
You may not imply that you are connected or associated with the Marks.
5. WEBSITE CONTENT AND EXCLUSIONS OF LIABILITY
5.1 The Favela Painting Foundation accepts no duty to place information on the Website, nor to update or correct any information which may be published on the Website, save as is required by law. The Favela Painting Foundation may in its absolute discretion edit, amend or remove any information, material or content on the Website at any time without notice, unless this is prohibited by law.
5.2 Whilst the Favela Painting Foundation seeks to provide accurate information on the Website, the Favela Painting Foundation neither makes nor gives any representations or warranties, express or implied, save as are required by law, about the Website or any material, graphics, information or hypertext links on the Website, including as to, but not limited to, accuracy, completeness, legality, satisfactory quality, fitness or suitability for a particular purpose, functionality, reliability, availability, legibility, compatibility, security, non-infringement, speed of download or access, or timeliness.
5.3 Under no circumstances will the Favela Painting Foundation be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages, arising from the use of (or inability to use) this Website or any information contained (or not contained) on this Website, regardless of the form of action.
6. INTERNET USE
6.1 The Favela Painting Foundation does not warrant or offer any assurance that the Website is compatible with your computer equipment or the network through which you access the Website, that the Website is free of errors, or that the use of the Website will not lead to viruses, "Trojan horses", "worms", or similar destructive software accessing your computer equipment. You are responsible for ensuring that your computer equipment has appropriate security and virus protection features.
6.2 The Favela Painting Foundation does not warrant that use of this Website will be uninterrupted. It may become unavailable in part or in whole at any time, for any period, and without prior notice. The Favela Painting Foundation may in its absolute discretion modify or discontinue all or any part of, or facility provided by, the Website.
6.3 Given the inherent insecurity of the Internet, the security, authenticity and confidentiality of any information on the Website cannot be guaranteed.
7. COMMUNICATIONS
7.1 You shall ensure the accuracy, truth, lawfulness and decency of the content of your emails or any other material which you send to the Favela Painting Foundation. You shall ensure that any such e-mail or material is free from any indecent, obscene, offensive, defamatory or fraudulent statement. You agree to indemnify the Favela Painting Foundation for any losses, costs, expenses or liabilities which the Favela Painting Foundation may incur as a result of your breach of this clause.
7.2 There is no guarantee that an email to the Favela Painting Foundation or information submitted via the Website will be received by the Favela Painting Foundation. You may prefer to contact the Favela Painting Foundation by alternative means.
8. LINKS TO OTHER WEBSITES
8.1 The inclusion of a link in the Website to any other website does not imply any endorsement of any products, services, information or material offered or accessible on, or of any person connected with, any such other website. The content of such linked websites is beyond the control of the Favela Painting Foundation. The links are provided for information only with no representation or warranty, express or implied, as to any aspect of those websites. You proceed entirely at your own risk in accessing or using any such other website.
8.2 You may not create any 'deep' hypertext link to any material on, or to any part of, the Website without the prior written consent of the Favela Painting Foundation. No framing of the Website or of any page of or Material on the Website is permitted.
9. DATA PROTECTION AND CONFIDENTIALITY
9.1 The Favela Painting Foundation acknowledges that your personal details and other information supplied by you may be confidential (your information). We will maintain the confidentiality of and protect your information in accordance with our normal procedures and applicable laws.
9.2 You have the right to access and the right to rectify your personal data by changing the details online or by sending us a written request to the address given above or by email to: info@favelapainting.com.
9.3 We may use your information to provide you with further information about the Favela Painting Foundation and our products, subject to your consent. This may involve disclosing your information to other offices of the Favela Painting Foundation or of our affiliates, agents or appointed representatives.
9.4 Your information may be controlled and processed by any of the Favela Painting Foundation's offices. You acknowledge and agree that the location of our offices may change from time to time and that the Favela Painting Foundation may acquire other offices in any number of other countries or territories at any time, any one or more of which may act as a controller of and/or process your information. We will not disclose your data to any other third party unless required to do so by law or regulators.
9.5 You acknowledge and agree that we may from time to time transfer any of your contact details and/or application data overseas to any office of the Favela Painting Foundation or of any of our affiliates, agents or appointed representatives. Some of our offices and those of our affiliates, agents or representatives are located in countries outside the European Economic Area which do not have the same data protection legislation as the European law. While we will ensure your information is processed in accordance with this legal notice and privacy statement you may not have rights under data protection legislation in those jurisdictions equivalent to those under European law. Please do not send us any personal data if you do not want that information to be processed by us in the ways described.
10. PRIVACY
The Favela Painting Foundation respects your privacy. Please read our Online Privacy Policy, which forms part of these Terms.
11. GENERAL
11.1 The invalidity or unenforceability in any jurisdiction of any of these Terms shall not affect the validity or enforceability of any other of these Terms. If any term is invalid or unenforceable, it shall be deemed to be amended to the minimum extent required to render such term valid or enforceable.
11.2 These Terms are to be read together with any other specific terms, conditions and disclaimers provided in the pages of the Website. In the event of any conflict, the specific terms, conditions and disclaimers provided in the pages of the Website shall prevail over these Terms.
11.3 Nothing in these Terms restricts or excludes any liability which the Favela Painting Foundation may have in respect of personal injury or death resulting from its negligence, its own fraud, or any liability which cannot be lawfully excluded.
11.4 The Favela Painting Foundation may transfer its rights and obligations in respect of any matter relating to the Website to a third party.
11.5 These Terms shall be governed by and interpreted in accordance with the laws of the Netherlands, and any disputes arising out of or in connection with these Terms shall be settled by the courts of the Netherlands.