This website (“Website”) is owned and operated by Alexandra Munteanu, who signs her Art as Alma Lewtom (“Alma Lewtom”, “the Author”, “we,” “us,” or “our”).
1. Intellectual Property
1.1. This Website contains material (e.g. text, graphics, photographs, images, sound recordings, videos, etc, herein, the “Material”) created by the owner of the Website. Elements used and displayed on the Website (logo, signature and other trade and service marks) may not be copied, modified or imitated in whole or in part, by any means, physically or electronically, and none of them may be re-transmitted without our express, written consent for each and every instance.
1.2. Unless otherwise stated, the owner of this Website owns the intellectual property rights of the Website and of the Material. This Material is protected under copyright and intellectual property laws, both local and foreign. Subject to the license below, all these intellectual property rights are reserved.
1.3. You may:
• view all publicly-available Material for your own personal, non-commercial use;
• quote portions of text, subject to the restrictions set out in these terms and conditions, and if you credit the Author.
1.4. Without prior written consent, you may not:
• republish Material from this Website (including republication on another Website);
• sell, rent, transfer, assign, license or sub-license Material from the Website;
• show any Material from the Website in public;
• reproduce, duplicate, copy or otherwise exploit Material on this Website for a commercial purpose;
• edit or otherwise modify any Material on the Website; or
• redistribute Material from this Website, except for content specifically and expressly made available for redistribution with the Author’s consent.
2. Acceptable Use
2.1. By accessing and/or using the Website, you agree to comply with all applicable Romanian and EU laws, and you agree that you will NOT:
• use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, intrusive or harmful, or in connection with any unlawful, illegal, fraudulent, intrusive or harmful purpose or activity;
• use this Website to copy, store, host, transmit, send, use, publish or distribute any Material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software and that you will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking or any other means;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written permission; (operators of public search engines are allowed to use spiders to copy Materials from the public portions of the Website for the sole purpose of and only when necessary for creating publicly-available searchable indices of the Materials, but not caches or archives of such Materials);
• attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
• use this Website to transmit or send unsolicited commercial communications or create or submit unwanted email or other forms of commercial or harassing communications (“spam”);
• use this Website for any marketing purposes marketing without our express written consent;
• email or transmit or make available any content that:
-infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
-is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e. speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
-discloses any sensitive or confidential information about another person, including but not limited to that person’s email address, postal address, phone number, credit card information, or any similar information;
• stalk, threaten, or otherwise harass us or any other person or use any information obtained from the Website in order to harass, abuse, disparage, tarnish, defame or otherwise harm us and/or the Website or any other person;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
2.2. You are entirely responsible for all the content that you email or transmit via the Website.
3. Restricted Access
3.1. This Website is available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, please review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
3.2. Access to certain areas of this Website may be restricted. We reserve the right to restrict access to other areas of this Website, or this entire Website, at our sole discretion and without notice.
4. No Warranties
4.1. This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and Materials provided on this Website, including that the Website will operate error-free or that the Website is free of viruses or similar computer contamination features.
4.2. We reserve the right to to change, revise, update, suspend, discontinue, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website.
4.3. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Website.
4.4. We cannot guarantee the Website will be available or perfectly functional at all times.
4.5. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
4.6. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
4.7. Without limitation to Paragraph 6, we do not warrant that your use of the Website is lawful in any particular jurisdiction.
5. Limitation of Liability
5.1. We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
• to the extent that the Website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
5.2. These limitations of liability apply even if we have been expressly advised of the potential loss.
5.3. Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
5.4. By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, please do not use this Website.
6. Compliance with Applicable Laws
6.1. The Website is based in the EU. We make no claims concerning whether the Material may be downloaded, viewed, or be appropriate for use outside of the EU. If you access the Website or the Material from outside of the EU, you do so at your own risk.
6.2. Whether inside or outside of the EU, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
7.1. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assign us harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
• your breach of this Agreement;
• your misuse of the Material or the Website;
• your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or
• any claim that you have breached any provision of these terms and conditions.
7.2. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you, in which case, we shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
7.3. You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees and costs, arising out of or in any way connected with your breach of these terms (including any such breach by your customers, clients or representatives). You will cooperate as fully required by us in the defense of any claim subject to indemnification by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
8.1. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. In the event of a dispute arising under or relating to this Agreement, the Material, or the Website (each, a “Dispute”), you agree to first solve the dispute in a friendly manner; if this is not possible, you agree that the dispute will be solved by the courts on the territory of Romania, according to the Code of Civil Procedure, the Civil Code and legislative acts from Romanian Law.
8.2. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law:
• no arbitration or proceeding shall be joined with any other;
• there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and
• there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or or any institution or organization or foundation or association or country. You agree that you may bring claims against us only in your individual capacity.
8.3. You agree to protect, defend, indemnify and keep us and our collaborators and successors harmless and indemnified in full against any and all liabilities, loss, costs (including but not limited to investigations, legal fees and court costs) and expenses incurred by us as a result of this Agreement being breached in any way in full or in part by you.
8.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5. A waiver of any breach of any of the provisions of this Contract shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
8.6. These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the laws of Romania and the European Union.
8.6. We will not file a copy of the Agreement between us. This Agreement is valid according to the terms stated hereby. No handwritten signature is required for the terms to be in effect; by using this Website, you acknowledge and agree to this Agreement.
9. External Websites
9.1. The Website may contain links to third-party Websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the website administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. If you decide to access linked External Websites, please note that they are governed by their terms of service.
9.2. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Digital Millennium Copyright Act
10.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us at firstname.lastname@example.org.
10.2. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, please consider first contacting an attorney.
10.3. All Notifications should include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the Website;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
11. Communication Methods
11.1. You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions.
11.2. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Website.
12. Entire Agreement
12.2. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.
12.3. All the sections of these terms and conditions shall survive any termination of this Agreement.
13. Our Right To Vary These Terms
13.1. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Agreement at any time without notice.
13.2. It is your responsibility to familiarize yourself with the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms.
13.3. However, if at any time in the future we plan to change this Agreement in a way that materially differs from this version, we will post such changes on the Website or email you.
14.1. This document was created with the aid of a free contractology template available at http://www.freenetlaw.com and free terms of service templates available at https://termly.io.
All Website Content © 2021 Alma Lewtom. All rights reserved. All material, product names and images, logo & trademarks are property of Alma Lewtom and may not be used or reproduced without permission in writing.