TERMS AND CONDITIONS OF USE

Effective:  June, 2021

Overview

This website is owned and operated by Saskia Becker (“Saskia Becker,” “us,” “our,” or “we”). These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our websites, including any website where these Terms of Use are posted (“Website”), and any subdomains and mobile versions thereof.  Saskia Becker offers fine art and related services (the “Product Offerings”). 
 

To the extent additional rules or guidelines affect your use of our Website, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Websites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Website. Through your use of our Website, you acknowledge your agreement with these Terms of Use.

Your Representations

As a condition of your right to use our Website, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Website under the laws of the United States or any other country. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 16 OR OLDER. People under the age of 16 are prohibited from registering. Saskia Becker reserves the right to terminate any account with or without reason at any time.

You may require an account to access some of the information SeeUnity provides.  If so, you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not share your login credentials with any third parties without SeeUnity ‘s authorization.

YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, CONDUCTED BY OR ON BEHALF OF YOU THROUGH THE WEBSITE.

 

Saskia Becker is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.

Data Compliance

We may ask you to provide certain data about yourself and your company, including Personal Data (as defined in our Privacy Policy). By providing this data, you represent that the data is true, accurate, current, and complete, and you agree to maintain and promptly update the user data, including Personal Data, to keep it true, accurate, current, and complete.

SeeUnity may process this data as set forth in the SeeUnity Privacy Policy. By providing such data, you represent and warrant that you have all necessary right, title, and interest (including any consent or other lawful basis) necessary to provide such data to SeeUnity and any third-party recipients for these and any other applicable purposes described in our Privacy Policy.

 

Please review our Privacy Policy for more information about the rights you grant to SeeUnity, and your rights and obligations with respect to personal data.

Restricted Activities

You may not engage in any of the following with regard to the Website or our Product Offerings (including without limitation posting or transmitting content through the Website), and you agree not to use the Website or any Product Offering to:

  1. violate or encourage the violation of any local, state, national, or international law or regulation;

  2. collect or store personal data about other users of our Website or solicit personal information from any individual without proper rights or consent of the individual;

  3. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender, or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by SeeUnity in its sole discretion;

  4. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  5. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;

  6. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material;

  7. disrupt or interfere with the security or use of the Website or any websites or content linked to them;

  8. interfere with or damage the integrity of the Website, including, without limitation, through the use of viruses,Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Website;

  9. use the Website to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;

  10. attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) SeeUnity, or create or use a false identity;

  11. attempt to obtain unauthorized access to the Website or portions thereof that are restricted from general access;

  12. use any meta tags or any other “hidden text” utilizing SeeUnity name, trademarks, or product names;

  13. engage in any activity that interferes with any third party’s ability to use or enjoy the Website; of

  14. assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

 

  1. reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose the Website or any Product Offering;

  2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon;

  3. deep link to the Websites for any purpose; or frame the Website, place pop-up windows over any content, or otherwise affect the display of the Website;

  4. access the Website in order to build a competitive service or to benchmark with a non-SeeUnity product or service; or

  5. reverse engineer any software included in or used to provide the Website or any Product Offering (to the extent such restriction is permitted by law).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SEEUNITY, ITS RELATED ENTITIES, ITS SERVICE

PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES

OR AGENTS (COLLECTIVELY THE “SEEUNITY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SEEUNITY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OR DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN If ANY SEEUNITY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY SEEUNITY PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You agree to indemnify and hold the SeeUnity Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Website, or other use of our Website in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Website using your computer, mobile device, or account.

Content

All content, copyrights, and other intellectual property rights in the content available on our Website, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by SeeUnity, with all rights reserved, or in some cases may be licensed to SeeUnity by third parties. This Content is protected by the intellectual property rights of SeeUnity or those owners. All trademarks displayed on our Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with SeeUnity.

Any use of Content, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SeeUnity, is strictly prohibited.

No right, title or interest in or to any of the Website or any Content is transferred to you, and all rights not expressly granted are reserved by SeeUnity.  Any use of the Website or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Partners who have registered with SeeUnity may download SeeUnity software (including new releases) through our website.  Any software downloaded through our website is provided subject to the terms and conditions of the separate agreement between you and SeeUnity with respect to the software.


Content Complaints

If you believe that any Content on our Website is otherwise inappropriate, please report the Content by contacting us by email at saskiabeckerartist@gmail.com.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on our Website that you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact SeeUnity at the address below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):

Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;

  1. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;

  2. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;

  4. a description of the infringing material and the URL where such material is located on the Website, or a description of where on our Website you found such material;

  5. your written statement that you believe, in good faith, that the use of the work on our Website has not been authorized by the true owner of the work, its agent, or as a matter of law; and

  6. a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

E-mail: saskiabeckerartist@gmail.com, subject line “DMCA Notice”

 

In accordance with the DMCA, it is the policy of SeeUnity to terminate use of our Website by repeat infringers in appropriate circumstances.


User-Submitted Content

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Website, including without limitation blog comments, message board posts, and any other Content which does not originate with Saskia Becker (“User Content”), is the sole responsibility of the person who made such User Content available on the Website. Under no circumstances will SeeUnity be liable in any way for any User Content made available through the Website by you or any third party. Since SeeUnity does not control the User Content posted on the Website, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content and it does not endorse such User Content.

By uploading, posting, transmitting, or otherwise making any User Content available on or through the Website, you are granting SeeUnity Parties an irrevocable, non-exclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, contact information, or other information you have made publicly available in connection therewith) in any manner, media, or format now existing or hereafter devised, without any obligation of notice, attribution, or compensation to you.  Further, you represent and warrant that all of your User Content does and will comply with these Terms of Use.

 

SeeUnity reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on the Website. You agree that the exercise by SeeUnity of such discretion shall not convert or transform User Content to Content owned or provided by SeeUnity.


Third-Party Sites and Resources

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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Governing Laws

These Terms of Use shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. By use of the Website, you irrevocably agree that any legal or equitable action or proceeding arising under or in connection with these Terms of Use shall be brought exclusively in the Federal or state courts in the County of Denver in the State of Colorado, where you consent to jurisdiction and venue and service of process by any means permitted therein. YOU IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

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Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Website in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.


Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged and expected to check this page regularly for changes to the Terms of Use.

 

Modifications will become effective immediately upon being posted to our Website, without further notice. Your continued use of any of our Website after such modifications are posted constitutes your acknowledgment and acceptance of such modifications.


Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of SeeUnity.

You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.

You agree and understand that these Terms of Use constitutes the entire agreement between you and SeeUnity regarding your use of the Website, and that any other prior agreements between you and SeeUnity are superseded by these Terms of Use.

Any failure by Saskia Becker to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or relating to these Terms of Use must be filed within one (I) year after such claim or cause of action arose or be forever barred.

 

Saskia Becker is based in the state of Colorado in the United States.  It makes no claim that the Website or any of its Content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Contact Us

If you have any questions about these Terms of Use, please feel free to please contact us at +1-970-776-8300 or by email

 

at saskiabeckerartist@gmail.com.

Notice for California Users

Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.