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wemøkki – Buyer Terms, version april 29, 2016 [under construction]

1. Introduction

    1. We are wemøkki, a limited liability company registered (chamber of commerce number: 63118130 and incorporated under the laws of The Netherlands trading as wemøkki and with our registered office and main trading address at the Nieuwe binnenweg 180D, 3015 BJ Rotterdam, Netherlands.
    2. We operate a marketplace & creative agency at https://www.wemokki.com and subdomain  at https://illustration.wemokki.com
    3. We have developed an online marketplace & agency that allows Companies & brands to buy illustrations using our Website.
    4. These Terms and Conditions apply to the use of the Website of wemøkki for buyers. By using our Website or the Services you agree to the applicability of these Terms and Conditions thereto.

2. Definitions

  • Buyer: Refers to an individual, corporate or unincorporated body who orders artwork at our webshop.
  • Authorised user: Refers to the Artist who is authorised by wemøkki after approval of his/her Artwork and a signed copy for use of the Services and the Documentation further to the Artist Terms and Conditions.
  • Artwork: Refers to all material submitted by Authorised user  including any and all forms of Intellectual Property Rights that may from time to time be uploaded, downloaded, produced, or posted to wemøkki.
  • Illustrations: Refers to Artwork produced by an Authorised user  which has been Uploaded and is listed by wemøkki.
  • Download: Undertaken by a Buyer after Payment via Paypal or iDeal to obtain a copy of Artwork via download where it is posted or produced on any section of Wemøkki.
  • Marketplace (buyer) License: Refers to non-exclusive, world-wide, sub-licensable, transferable, royalty-free (except as otherwise provided herein) license to reproduce, display, perform, distribute, sell, creative derivative works based on, sublicense, and exploit in any way all Intellectual Property Rights. 
  • Intellectual Property Rights: Refers to any copyright, trademark, service mark, patent, trade-secret, industrial design property, database rights, creative expression or source or geographic indicator, publicity and privacy rights, including name, image and likeness, and other proprietary rights.
  • Terms & Conditions: these terms and conditions as may be amended from time to time.
  • Agreement: the payment by the  buyer and these Terms and Conditions which together constitute the Agreement between the Buyer and wemøkki.
  • Website: https://www.wemokki.com and subdomaines https://illustration.wemokki.com

3. Purpose of Agreement:

Buyer desires to obtain illustrations by using our website. These Terms and Conditions apply to the use of the Website of https://www.wemokki.com and her subdomains:https://illustration.wemokki.com. By using our website  and subdomains as a Buyer you agree to the applicability of these Terms and Conditions thereto.  

Agree as follows:

    1. These Terms and Conditions apply to the use of the Website of wemokki. By using our Website or the Services you agree to the applicability of these Terms and Conditions thereto.
    2. wemøkki V.O.F, the legal entity that provides wemøkki Marketplace, gives the buyer an non-exclusive, worldwide, transferable license.  The Authorised user remain the copyright holder for the artwork.
    3. The Buyer has the right to use downloaded Artwork from our Marketplace in all media, analogue and digital, such as  publications in books, magazines, websites, record covers, posters, flyers, cover of packaging.
    4. Wemøkki has the right to sell single  Artwork items multiple times to different buyers for which the Artist will be rewarded applicable to these Terms and Conditions.
    5. The buyer has the right to use downloaded Artwork in merchandise or products for distribution and/or sale. Merchandise includes print on demand products, t-shirts, mugs, posters, mobile phone covers and other items.  

4. Payment:

All prices are quoted in euro, and are exclusive of value added tax (VAT) for Europe. Retail price per artwork is currently determined at €350 ex (VAT). Payment is possible with PayPal and iDeal.  After payment a download link will be made available.

5. Intellectual Property rights:

  1. The Buyer  acknowledges and agrees that wemøkki owns all intellectual property rights in the Website. Except as expressly stated herein, the Agreement does not grant the Buyer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the wemøkki’ intellectual property rights, including Services, the Website or any documentation. The Authorised user remains copyright holder of the downloaded Artwork by the buyer.
    wemøkki confirms that it has all the rights in relation to the Services and the Website that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of the Agreement.
  2. wemøkki shall have the right to use the name of the Buyer for commercial use such as testimonials.

6. Limitations of Liability:

To the maximum extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, consequential or any other damages or losses whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), resulting from Your use of, or inability to use, the materials and information contained in this Website, Content posted to this Website, viruses that may affect or damage any electronic equipment, and all other matters arising out of or in connection with these Terms, whether or not the possibility or cause of such damages was known to Us. Additionally, with respect to liability, which is by law incapable of exclusion, in no event shall Our liability (whether based on an action or claim in contract, tort or otherwise) exceed fifty euro.

7. Applicable Law:

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website shall be governed by Dutch law.

Data owner: wemøkki.com