TERMS & CONDITIONS

Introduction

Martine Brand (“The Editor”) provides the www.martinebrand.com website, as well as various related sites, blogs and related online services, including RSS feeds, mobile websites, and mobile applications (such services, collectively, referred to herein as the “Site”), in support of Martine Brand’s artistic work. We encourage you to use the Site as a discovery, research and information tool, subject to the specific terms and conditions of use (the “Terms and Conditions of Use”) set forth below.

Acceptance of Terms and Conditions

BY ACCESSING THE SITE, INCLUDING BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY MARTINE BRAND MOBILE APPLICATION, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. THE EDITOR MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.

Protection of Privacy

The Editor is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Site is governed by the Editor’s Privacy policy (link). Please note that the Site is not specifically dedicated to children and that the Editor does not actively solicit information from children. Children under the age of 13 must obtain permission from an adult before submitting information to the Site.

Trademarks

The illustrations, artwork, names, titles, images, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks of the Editor, including but not limited to MARTINE BRAND, COLLECTIONS BY MARTINE BRAND, COLLECTIONS KIDS BY MARTINE BRAND, COLLECTIONS MAN BY MARTINE BRAND (collectively, the “Martine Brand Artworks and Trademarks”). You may not use the Martine Brand Artworks and Trademarks without Martine Brand’s prior, written permission. The trademarks of third parties such as fashion designers, books publishers or photographers, may also appear on the Site; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Martine Brand Artworks and Trademarks or may be construed to mean that the Editor has authority to grant any right or license on behalf of any third-party trademark owner.

Copyrights

The illustrations, artworks, designs, images, text, data, files, audio, video clips, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are either proprietary to the Editor or used in accordance with applicable law or third-party consents. You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of the Editor unless your use qualifies as (1) Fair Use or another legislative exemption, (2) Special Permission for Educators, or (3) Press Use, all of which are further described below.

Fair Use and Other Exemptions

The Editor does not object to your reproduction, distribution, display, transmission, performance, and use of the Content and/or Compilation if done with Fair Use. Unless otherwise noted on a particular page or section of the Site, no express permission is required from the Editor for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.

Beyond Fair Use: Special Permission for Educators

The Editor recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of art educators, in accordance with our artistic purpose, we therefore consent to the following additional uses of the Site: Subject specifically to the rights of third parties (which permissions are entirely the user’s responsibility to obtain), the Editor consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organization; provided, however, that such organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, or sell educational materials for teachers and educators. Unless otherwise noted on a particular page or section of the Site, no express permission is required by the Editor for the Special Permission for Educators, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.

Press Use

The Editor provides dedicated pages on the Site for members of the press. See PRESS. Except where noted otherwise, photographs, images, press releases, and articles (the “Press Materials”) that appear on these pages may be downloaded, reproduced, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to Martine Brand and the exhibitions, programs, and events covered in the Press Materials in newspapers, magazines, Web publications, television, or other media. Use of the Press Materials for any other purpose requires the additional, prior permission of the Editor and may also require the additional, prior permission of third-party rights holders, which permissions are the press user’s sole responsibility to obtain. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or archives under any circumstances. To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy, and integrity. Artworks, illustrations and other images must be reproduced in their entirety; you may not crop or otherwise alter them. All Press Materials must include the identifying information provided by the Editor, including proprietary collection information, credit lines, copyright, and trademark notices, if any.

REQUESTING PERMISSION

If your proposed use of the Martine Brand Artworks and Trademarks or Content does not meet the conditions for Fair Use or another legislative exemption, Special Permission for Educators or Press Use, you must request and obtain the express, prior permission of the Editor.

Commercial Use of the Martine Brand Artworks and Trademarks and Content

The Editor can grant you for commercial use of its intellectual property assets, including use of Martine Brand’s artworks, illustrations, name and other trade names, and other proprietary content that may appear or be referenced on the Site. For more information and requests, please contact us by email at martine@brandillustration.com or by the contact form on the Site.

Editorial Use of the Martine Brand Artworks and Trademarks and Content

The Editor maintains an extensive archive of artworks, illustrations and art images related to Martine Brand’s work, some of which may appear or be referenced on the Site. Subject to the rights of third parties (which permissions are entirely the user’s responsibility to obtain), the Editor can grant editorial use. For more information and requests, please contact us by email at martine@brandillustration.com or by the contact form on the Site.

Editorial Use of the Site’s Text and Other Content

The Editor does not entertain requests for permission to reproduce or otherwise use art, artworks, illustrations, design, text, audio, and video components from the Site; however, links to the Site are permitted as described in Links to The Site, below.

Use of Third-Party Trademarks and Images

If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the Site but do not belong to the editor, you should contact the third parties who are referenced as the rights holders. The Editor assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf.

Reservation of Rights

All rights not expressly granted by the Editor herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Editor has authority to grant any right or license on behalf of any third party.

Links to the Site

The Editor appreciates the interest of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices. If you are interested in providing a link from your site to the Site, please note the following rules: 1. You must use the name Martine Brand or the particular .martinebrand.com URL, or the particular .brandillustrations.com URL, as applicable, to identify the link. 2. You may not use the Martine Brand logo or image without the express permission of the Editor. These rights are reserved for entities who are professionally associated or affiliated with us. 3. We do not permit unauthorized framing of pages on the Site.

Links from the Site

In using the Site, you may find that the Editor provides hyperlinks to one or more third-party websites (the “Linked Sites”). The Editor provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. In most instances, such links represent cooperative projects or endeavors established with the Editor’s business affiliates, allies, sponsors, licensees or other organizations or individuals who have a significant connection to our mission and programs. Although the Editor expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.

User-Generated Content: Submissions, Comments, Entries

Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any images, data or other content, questions, comments, suggestions, or the like, is and will be treated as nonconfidential and nonproprietary. Anything you transmit or post may be used by the Editor and its affiliates for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, the Editor is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products using such information. The Editor may at times provide forums on the Site for the exchange of ideas and information by participants. By participating in or contributing to any such forum or other interactive feature of the Site, you agree in addition to be bound by any rules posted by the Editor in connection with the forum or other feature. By posting or distributing information, materials, or modifications to the Site, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Site that you do not own, the Editor requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringe the copyright or other proprietary rights of any third party; or contain any advertising, promotional, or solicitation material. You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. The Editor specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that the Editor believes may violate copyright laws or trademark laws or are otherwise unacceptable. The Editor does not review every submission to the Site and is not responsible for the content of such messages.

Warranty and Indemnification

By using this Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions, including Fair Use and the Special Permission for Educators described above. You agree to indemnify, defend, and hold the Editor 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 the Site.

Disclaimer of Warranties

THE EDITOR PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE EDITOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. THE EDITOR DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE EDITOR MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE EDITOR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE.

Limitation of Liability

NEITHER THE EDITOR, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, SPONSORS, COLLABORATORS, EMPLOYEES, NOR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions of Use 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 nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. The Editor’s failure 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 Editor.

Venue and Choice of Law

These Terms and Conditions of Use and any counterparts, amendments, or revisions thereto shall be governed by and construed in accordance with the laws of The Netherlands, 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 appropriate court located in the resort of Amsterdam, The Netherlands, 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.

 

PRIVACY POLICY

INTRODUCTION

The Editor is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the site martinebrand.com as well as various microsites and related services, including RSS feeds, mobile websites and mobile applications (such services, collectively, referred to herein as the “Site”) is governed by this privacy policy (the “Privacy Policy”). By using the Site, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site.

COLLECTION OF INFORMATION BY THE EDITOR

The Editor does not systematically collect or record names, postal or email addresses, phone numbers, gender identity, or other personally identifying data (the “Personal Data”) from visitors to the Site, unless such data is voluntarily submitted by visitors for the purposes outlined below.

Cookies

The Editor uses “cookies” (i.e., a small text file that is sent to your browser from the Site) to improve your return access and visits to the Site. The Editor may use cookies to customize content, to analyze Site activity and user behavior, and for advertising and promotional purposes (further discussed in “Interest-based Advertising” below). The Editor reserves the right to use cookies in the future in conjunction with new or extended functionalities. You may set your browser to notify you when you receive a cookie (letting you choose whether to accept it) or to disallow cookies altogether, without preventing your access to the Site.

Interest Based Advertising

The Editor may provide certain third party service providers the cookies it has obtained in order for such service provider to serve the Editor advertisements on other websites a user visits, based on such user’s prior visits to the Site. The Editor directs these service providers to not use the provided cookies for any purpose other than to provide the advertising services explicitly requested by the Editor. You can opt out of certain service providers’ use of cookies. For example:

1. Google permits you to register your preferences at http://www.google.com/ads/preferences;
2. The Self-Regulatory Program for Online Behavioral Advertising (http://www.aboutads.info/choices) and the National Advertising Initiative (http://www.networkadvertising.org/choices/) have websites that allow you to register your choice to opt-out of receiving interest-based advertisements from certain companies that participate in such initiatives;

1. Yahoo permits you to register your preferences at https://reports.web.analytics.yahoo.com/optout,OptOut.vm?domain=a.analytics.yahoo.com.

Online Mailing Lists and E-news

When you subscribe to our online mailing list(s) and sign up for e-news, the Editor will request information necessary to process your subscription and send you the information you seek: your name, address, telephone number, e-mail address, and areas of interest. Your Personal Data may be used as set forth below. See “Use of Personal Data by the Editor” and “Sharing of Personal Data with Others.”

Online purchase

When you make a purchase online through the Site, the Editor and its third-party merchants and agents will request information necessary to process your membership or acknowledge your contribution: your name, billing and shipping addresses, telephone number, e-mail address, and credit card information. Your credit card information will be used only for the purpose of processing and documenting the transaction. Your Personal Data may be used as set forth below. See “Use of Personal Data by the Editor” and “Sharing of Personal Data with Others.”

Online Store Purchases

When you order a product from the Site, the Editor and its third-party merchants and agents will request information necessary to process your order: your name, billing and shipping addresses, telephone number, e-mail address, and credit card information. Your credit card information will be used only for the purpose of processing and documenting the transaction. Your Personal Data may be used as set forth below. See “Use of Personal Data by the Editor ” and “Sharing of Personal Data with Others.”

E-Newsletters

From time to time, the Editor may offer Site visitors the opportunity to subscribe to one or more online newsletters. If you choose to subscribe, the Editor or its third-party affiliate will request such information, including Personal Data, as is necessary to process your subscription. Your Personal Data may be used as set forth below. See “Use of Personal Data by the Editor” and “Sharing of Personal Data with Others”. You may subscribe or unsubscribe at any time by following the associated instructions.

User-Generated Content

From time to time, the Editor may offer Site visitors the opportunity to submit content or post comments. If you choose to participate, the Editor or its third-party affiliate will request such information, including Personal Data, as is necessary for such participation. The terms of this Privacy Policy shall apply to such information, unless Editor or its third-party affiliate provides an alternate policy governing the use of Personal Data collected from such user submission. Your Personal Data may be used as set forth below. See “Use of Personal Data by the Editor” and “Disclosure of Personal Data to Others.”

USE OF PERSONAL DATA BY THE EDITOR

The Editor uses the personal information you provide to us for internal purposes, such as filling and tracking your order, analyzing trends and collecting statistics. In addition, the Editor may use your Personal Data for its marketing and promotional purposes. For example, the Editor may notify you of exhibitions, events, programs, sales, and special offers and promotions that we think might be of interest to you. We may also request your participation in surveys. If you do not want us to use your Personal Data to contact you for these purposes, please follow the instructions in “Do Not Contact” below.

SHARING OF PERSONAL DATA WITH OTHERS

Aggregate Information

The Editor may compile and provide aggregate statistics about Site visitors, customers, sales, traffic patterns, and related information to third parties, but such information will not specify Personal Data. The Editor collects IP addresses as a component of such aggregate information. Such information could, if necessary, be used to identify a user in order to comply with safety or security issues.

Personal Data

The Editor may share your Personal Data, as collected under the circumstances outlined above, with other reputable organizations, such as other nonprofits, art institutions, and media companies. The Editor has teamed up with reputable third-party vendors in order to provide certain services to its online users and allow us to better respond to the needs of our visitors. The Editor requires its vendors to maintain the confidentiality and security of the information to which they are provided access, and restricts these vendors from using the information in any way without express authorization by the Editor.

Credit Cards

The Editor will not share, rent, or sell your credit card information to third parties.

LINKING TO THIRD PARTIES

The Site may include links to websites operated by third parties over which the Editor has no control. Once you leave the Site, this Privacy Policy will no longer apply, and you will be subject to the third party’s privacy policy. For example, the Editor may use third-party service providers such as Facebook and Twitter to give you easy ways to share our content with others. The information you provide when using these tools is subject to these third parties’ privacy policies. The Editor is not responsible for the privacy or security practices nor the content of third party websites, and such links are not intended to be an endorsement of the third party website or its content.

CHILDREN UNDER THIRTEEN YEARS OLD

Please note that the Site is not specifically dedicated to children and the Editor does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting information to the Site.

DO NOT CONTACT

If you do not want to be contacted by the Editor, or if you do not want the Editor to share your Personal Data, please let us know by writing to webmaster@martinebrand.com

REVISIONS TO OUR PRIVACY POLICY

The Editor may revise its Privacy Policy at any time, without notice, and encourages you to periodically visit this page to review the most current policy.

CONTACT INFORMATION You may send comments or questions about this Privacy Policy to privacy@martinebrand.com Effective Date: April 2nd 2013.

© 2013 Martine Brand. Production: Brandon Worldwide. Hosting: OVH. All rights reserved.