Terms of Service
(1) These terms and conditions apply to all contracts and other services of Digital ArtworX, to their customers regarding the provision of software and the issuing of temporary licenses through this online shop. Deviating conditions of the customer and side agreements do not apply, unless Digital ArtworX has expressly confirmed this in writing.
(2) The business relationship between Digital ArtworX and the customer is governed by Spanish law. The validity of UN purchasing law is excluded.
(3) Jurisdiction is Santa Cruz de Tenerife.
(4) The contract language is English.
(5) In the online shop, the customer can view and print out the order summary as well as the general terms and conditions. Incidentally, the contract text of Digital ArtworX is not stored in the online shop after conclusion of the contract and is therefore not accessible.
(6) Customers who are consumers have the option to use alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information on online dispute resolution and serves as the single point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.
Contract contents and conclusion of contract
(1) Digital ArtworX does not offer the customer in their online shop on a physical medium, software hereinafter "digital content", for sale.
(2) When purchasing in the online shop, a purchase contract is concluded by the acceptance of the customer's order by Digital ArtworX. Pricing awards in the online shop do not constitute an offer in the legal sense. Before a binding submission of his order by clicking the button "order now", the customer can correct all inputs continuously via the usual touchscreen, keyboard and mouse functions. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) With the notification about the license acquisition the customer receives the contract text and these general terms and conditions.
(1) To acquire the software license, however, the customer must register for free and open a customer account. When registering, the customer enters his first and last name, the e-mail address and the place of residence. In addition, the customer enters a username and password. In the case of a commercial customer, additional information about the company name, company address and tax number is required to enable correct invoicing. The specified e-mail address is used to communicate between Digital ArtworX and the customer. After completing the registration process, the customer will receive an activation link via e-mail. The customer must click on this link to successfully open the account and confirm his details (Double-Opt-In). A registration that does not confirm a user within 48 hours by clicking on the activation link can be deleted by Digital ArtworX.
(2) The data requested by Digital ArtworX during registration must be complete and correct. Customers have to keep their access data secret. If the data changes subsequently, the customers are obliged to correct the information immediately.
Prices, sales tax and payment
(1) All prices include the Canarian VAT IGIC.
(2) The provision of the digital content is always in advance of the customer. Unless agreed otherwise, the payment of the purchase price will be made immediately after confirmation of the order by bank transfer, by PayPal or by credit card via PayPal.
(3) For transfers, the payment is due no later than 1 week after conclusion of the contract.
(4) If a customer defaults on its payment obligations, Digital ArtworX may demand compensation in accordance with the statutory provisions.
(5) Digital ArtworX will always issue an invoice to the customer, which will be sent to him in text form.
Provision of digital content
(1) Digital content will be provided to the customer upon receipt of payment. For this, the customer receives a link by e-mail under which the customer can view and / or download the digital content he has acquired. The customer must first log in to his account in order to view and download the acquired digital content. Digital ArtworX points out that every time the digital content is accessed, it must be connected to the Internet.
(2) The digital content is permanently available in the customer's account.
(3) Digital ArtworX may restrict access to its own services as long as the security of the network operation, the maintenance of network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require it. Failure to provide services due to a malfunction beyond the scope of the Digital ArtworX will result in no reduction. The same applies to the loss of services due to necessary business interruptions (maintenance work).
(1) In the current state of the art, the occurrence of program errors in software can not be completely ruled out. The subject of the license agreement is therefore only a software that is basically usable in the sense of the program description and the user manual.
(2) From the above under lit. (1) Digital ArtworX assumes no liability for the correctness of the software. In particular, Digital ArtworX does not warrant that the Software will meet Licensee's requirements and purposes or that it will co-operate with other programs selected by the Licensee. The responsibility for the correct selection and the consequences of the use of the software as well as the intended or achieved results is borne by the licensee. The same applies to the written material accompanying the software. Is the software within the meaning of lit. (1) basically useless, the licensee has the right to cancel the contract. The same law has Digital ArtworX, if the production of, in the meaning of lit. (1), usable software is not possible with reasonable effort.
(3) Digital ArtworX shall not be liable for any damages arising out of the use of this Software or the inability to use this Software (including, but not limited to, loss of profit, business interruption, loss of business information or data or other financial loss) if Digital ArtworX has been advised of the possibility of such damage. This does not apply if liability is mandatory due to intent or gross negligence.
(1) Digital ArtworX reserves the intellectual property rights to all digital content, logos, illustrations and other documents. The copyright notices, digital signatures, trademarks and other rights reserved in digital content may not be edited or removed. Digital content may not be further processed, changed, sold, distributed, published, downloaded, edited or otherwise transferred by the customer.
(2) The customer does not acquire ownership of the software. The customer only receives the simple, time-limited, personal and non-transferable right to use the software for personal use. The customer is entitled to use the software for personal purposes and to install for this purpose and possibly create a digital backup on a suitable data storage. The partial or complete transfer of the software, a copy or the download access to third parties is prohibited. The customer is strictly prohibited from public communication, posting the software on the Internet or in a corporate network, lending, reselling or any other form of commercial use. The transfer of access data to the account or the link with the provided software is also prohibited.
If any provision of these terms and conditions is ineffective, the remaining provisions remain unaffected. The ineffective provision shall be deemed replaced by one which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.
Digital ArtworX expressly points out that a revocation of a license agreement is not granted.
The customer has a full-fledged trial version of the offered software for one month free of charge. The customer therefore has sufficient time before acquiring a license to fully inform about the functions and limitations of the software offered.
Therefore, after payment of a license fee, no reimbursement of the annual fee will be granted, even if the customer does not use the license or only partially.