PLEASE READ THESE TRADITIONAL CRAFTING TERMS OF SERVICE FOR HOSTS CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE TRADITIONAL CRAFTING SERVICE. BY SETTING UP A USER (HOST) ACCOUNT AND CLICKING [I AGREE] OR USING ANY OF THE TRADITIONAL CRAFTING SERVICES WHICH DO NOT REQUIRE REGISTRATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE TRADITIONAL CRAFTING SERVICE.
PREAMBLE AND INTRODUCTORY REMARKS
These Traditional Crafting Terms of Service For Hosts (hereinafter: Terms or Agreement) that are published on this page apply to all websites and services that are represented by the Traditional Crafting (unregistered) trademark, whereby these terms govern the setting-up, use and access to the Traditional Crafting Service as available to you on/through the www.traditionalcrafting.com website (hereinafter also: website), whereby all bolded terms are further defined in point 3 of these Terms.
The legally binding version of these Terms can be found at www.traditionalcrafting.com/host-tos/[1] at any time, whereby these Terms represent a set of template clauses that form an agreement that may be entered into as described in point 1.1. between the following parties:
- Arhitekturno in notranje oblikovanje, Maja Jenko s.p., Ulica Gorenjskega odreda 8, 4000 Kranj, Slovenia, Europe, company reg. no.: 8879010000, tax ID no.: 18957609, namely the owner and supplier of the Traditional Crafting Service and the www.traditionalcrafting.com website (hereinafter: we, us, our or Provider) who can be reached at info@traditionalcrafting.com[2] or through the messaging/contact module on our website,
- you as the Host (hereinafter also: you, your, User) the legal entity that shall be identified as the registered user of the Service when you, the natural person acting as the duly authorised individual representing said entity, register an account (i.e perform the actions from point 1.1. in the name the company you represent or in your own name when acting as a Sole Trader, as the case may be) and are thereby bound to this Agreement in accordance with the terms contained herein. The aforementioned also relates to any and all Personnel and Affiliates.
Before the application of these Terms as described in point 1.1. you are asked to dully review, understand and get acquainted with the content of these Terms.
All inquiries regarding these Terms, pricing and payment as well as the Service may be directed to info@traditionalcrafting.com[3] .
1 THE APPLICATION OF THESE TERMS
1.1 By setting up an account and clicking [I agree] or using any part of the Traditional Crafting Service which does not require registration, you warrant to the Provider:
a that you have read, understand, agree to and accepted these Terms and that you have therefore entered into a legally binding agreement with the Provider in the context of the terms and clauses contained herein, and
b that you are of legal age to form a binding contract with the Provider and that you have the authority to enter into this Agreement personally or on behalf of the company you have named as the User (or in your own name when acting as a Sole Trader), and to bind yourself or that company to this Agreement, and
c that in the context of acting as a Host, you or the company you have named as the user shall not be using the Traditional Crafting Service as a consumer, and that you shall be thereby exclusively accessing and using the Traditional Crafting Service and the www.traditionalcrafting.com website as a Host that is conducting his/its professional or business activities, and
d that you have also read and agree with the fact, that in terms of personal data processing as it relates to the Service, the Provider shall be deemed as the Controller and you may also be deemed as the Controller of any and all Personal data of End Users that shall be sent, transmitted or transferred to you by the Provider directly or through the use of the Traditional Crafting Service or the www.traditionalcrafting.com website for the performance of your hosting/other business activity, that you are promoting with the Service. For more information on how we process personal data, please see our privacy policy at www.traditionalcrafting.com/privacy/[4] .
1.2 If you do not agree to these Terms you are not authorised to validly register an account with us as a Host and you must immediately stop using the Service in this capacity.
2 CHANGES
2.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice on the www.traditionalcrafting.com website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to access and use the Traditional Crafting Service and the www.traditionalcrafting.com website from the date on which the Terms have been changed, you agree to be bound by the changed Terms.
2.2 These Terms had last been updated on the 31st of December 2022[5] .
3 INTERPRETATION
3.1. Regardless of whether written in bold or whether capitalised or not, the terms stated below shall have the following meaning in the context of this Agreement:
Agreement (also Terms) shall mean the terms contained herein and shall be deemed as legally concluded between the Provider and you once you register your Host account. The aforementioned also relates to your Affiliates.
Affiliate shall mean in respect of the User and his legal entity, any other legal entity or private person controlling the User or being controlled by the User, or acting under the direct influence or instructions of the User, whereby Controlling or Controlled by shall mean the possession, directly or indirectly, solely or jointly with another person, of power to direct or cause the direction of the management or policies and cations of a legal or natural person (whether through the ownership of securities, other shareholders, partnership or ownership interest, by establishing total or partial identity of individuals in management, by contract or otherwise).
Applicable legislation shall mean but not be limited to any and all applicable EU and national laws and other statutes, rules, regulations and codes, as they may apply to the use and the consequences of use of the Traditional Crafting Service by the User in the country where the User or his legal entity is established or operates or where the End User or other effected business entities have their registered office or where natural persons reside, as amended, replaced or superseded from time to time. Applicable legislation shall also mean but not be limited to any and all USA equivalents of such laws (e.g. the California Consumer Privacy Act (CCPA), the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, the Children’s Online Privacy Protection Act (COPPA), as well as relevant EU regulations (e.g. Regulation (EU) 2016/679 of the European Parliament (GDPR) and directives (e.g. the Electronic Communications Directive 2002/58/EC (the ePrivacy Directive), codes of conduct and industry standards, as amended, replaced or superseded from time to time.
Traditional Crafting Service (also Service) shall mean the web platform / underlying software program / mobile application (regardless of version or trial status) with the core functionality as described on the www.traditionalcrafting.com website, as the website is updated from time to time, whereby the software is the proprietary intellectual property of the Provider and is made available to you and via the www.traditionalcrafting.com website.
Traditional Crafting Host Terms of Service shall mean this document that governs the paid or gratuitous use of the Service by Hosts, which can be found at www.traditionalcrafting.comcreators/host-tos/[6] .
Host (also you, your, User) shall mean the legal entity that shall be identified as the registered user of the Service when you, the duly authorised individual representing said entity, register an account (i.e perform the actions from point 1.1. in the name the company you represent or in your own name when acting as a Sole Trader) is bound to this Agreement.
Consent shall mean any freely given, specific, informed and unambiguous indication of the Data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her, as provided for by Article 4 of the GDPR or by any other relevant Applicable legislation.
Controller shall mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal data, as provided for by Article 4 of the GDPR or by any other relevant Applicable legislation. Please note, that even in the event that you are not in fact the Controller of Personal data that you are using or wish to use in connection with the Service, you expressly warrant and represent to the Provider, that you have the necessary legal grounds and have obtained the required consent for the processing of the Data subjects Personal data in connection with your use of the Service from the actual Controller of said Personal data.
Consumer shall have the meaning from the Consumer Rights Directive 2011/83/EU (CRD) or any other applicable meaning from the Applicable legislation.
Confidential Information shall mean any information that is not public knowledge and that is obtained from the other Party in the course of, or in connection with, the provision and use of the Traditional Crafting Service. Our Confidential Information includes all Intellectual Property owned by us (or our licensors), including the proprietary Service, its code, texts, databases and other copyrights.
End User shall mean a natural or legal entity who is visiting www.traditionalcrafting.com or who has registered an End User account (as the case may be) and is using the Service in order to find more information on traditional crafting or looking to book a visit with a Host.
Free Trial shall mean the gratuitous test period of the Service, as may be offered on www.traditionalcrafting.com from time to time to Hosts or End Users.
Force Majeure shall mean an event that is beyond the reasonable control of a Party, excluding an event to the extent that it could have been avoided by a Party taking reasonable steps or reasonable care.
Including and similar words do not imply any limit.
Intellectual Property Rights shall mean all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Service or on www.traditionalcrafting.com as well as possible trademarks, service marks, and logos contained therein, which are owned or controlled by the Provider or are licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Slovenia, international copyright laws, and international conventions. The above-mentioned intellectual property and copyrights on the www.traditionalcrafting.com website and the Traditional Crafting Service are provided on an “AS IS” basis for your information and personal use only.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Provider (also we, us or our) shall mean Arhitekturno in notranje oblikovanje, Maja Jenko s.p., Ulica Gorenjskega odreda 8, 4000 Kranj, Slovenia, Europe, company reg. no.: 8879010000, tax ID no.: 18957609, the owner and supplier of the Traditional Crafting Service and the www.traditionalcrafting.com website who can be reached at info@traditionalcrafting.com or through the messaging application on the aforementioned website.
Personal data shall mean any information relating to an identified or identifiable natural person (also Data subject), whereby an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, as provided for by Article 4 of the GDPR or by any other relevant Applicable legislation.
Processor shall mean a natural or legal person, public authority, agency or other body which processes Personal data on behalf of the Controller, as provided for by Article 4 of the GDPR or by any other relevant Applicable legislation.
Privacy policy shall mean the information to be provided to the Data subject where Personal data are collected from the Data subject, as provided for by Article 13 of the GDPR or by any other relevant Applicable legislation, whereby said policy will be available on www.traditionalcrafting.com/privacy/.
Person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
Personnel includes officers, employees, contractors, affiliates and agents of the User.
Party shall mean either the Host or the Provider whereby the term also includes that Party’s permitted assigns.
Start Date shall mean the date that you set up an account/first use the Traditional Crafting Service as a registered Host under these Terms.
Sole Trader shall mean self-employed person, (i.e. a natural or “physical person”) who conducts his business activities without forming a separate legal business entity but still meeting any and all legal requirements for the legal performance of work/business activities, as set out in Applicable Law.
Traditional Crafting Terms of Service For Hosts (also Terms or Agreement) shall mean this document.
Tax (also Taxation) shall mean all forms of taxation, duties, imports and other charges and social and health security charges, whether direct or indirect, including corporate income tax, wage withholding tax, national social and health security contributions and employee social and health security contributions, value added tax, customs and excise duties, capital tax and other legal transaction taxes, dividend withholding tax, land taxes, environmental taxes and duties and any other type of taxes or duties payable by virtue of any applicable national, regional or local law or regulation as well as any penalty, fine, surcharge, interest, charges or costs payable in connection with any Tax or Tax related fine or procedure.
Underlying Systems shall mean the software, IT solutions, systems and networks (including software and hardware) which are used to provide the Traditional Crafting Service, including any third-party solutions, systems and networks.
Your Copyright shall mean all data, content, and information (including any images, videos, sound recordings, texts, graphics, Instagram photos or videos, TikTok videos or other media) which have been created by You as their sole author and copyright holder and have been uploaded or otherwise inputted into the Traditional Crafting Service under the terms of this Agreement in order to promote your hosting or other business activities.
3.2. Words in the singular include the plural and vice versa.
3.3. A reference to the Applicable legislation or statute includes references to regulations, orders or notices made under or in connection with such legislation, statute or regulations and all amendments, replacements or other changes to any of them.
4 YOUR OBLIGATIONS
4.1 Compliance with Applicable Legislation and respecting third party copyright and intellectual property rights at all times when using the Service:
a You hereby acknowledge and agree that compliance with all Applicable Legislation when accessing or using the Traditional Crafting Service or the www.traditionalcrafting.com website is the sole responsibility of you as a Host. With respect to Your Copyright and the performance of your hosting/business activities, you shall be solely responsible for compliance with any and all Applicable legislation that governs copyright protection and the legal performance of your business activities.
b You hereby acknowledge and agree, that the Provider bears no responsibility with regards to the form, contents, processing, acceptance, repercussions, (including and without limitation the possible loss of data, profit, business interruptions or damages and legal fees that you and/or any other third party, be it a natural or legal entity, might incur as a result of your use of the Service) and the overall legality of business activities as a Host, which you promote or make available via the Service. You shall be solely responsible for respecting any and all copyrights or intellectual property rights of third parties in connection with Your Copyright and hereby acknowledge and agree, that you are the creator and sole owner of any and all copyrights or intellectual property rights that you input, store or otherwise upload to the Service.
c You hereby acknowledge and agree, that the Provider does not suggest, monitor, inhibit or in any other way influence the contents, form and overall legality of hosting/business activities which you input, store or otherwise make available via the Service to End Users, and does not warrant or guarantee the results, accuracy, legality and conformity to Applicable Legislation with regards to your use of the Service or your hosting and business activities.
d You hereby acknowledge, agree and warrant under civil liability to the Provider, that during your use of the Service (i.e prior to creating, uploading, inputting or otherwise making Your Copyright available to End Users via the Service) that you are the creator and sole copyright owner of Your Copyright and that you have all of the required rights to use Your Copyright in connection with the Service.
e You also hereby acknowledge and agree, that the Provider shall not be held liable by you or any third-party in connection with your use of the Service and that you shall indemnify the Provider and hold him harmless regarding any and all third-party claims, that are connected with your breach of this Agreement or your obligations under this point 4.1. or any other applicable obligations, that stem from these Terms or any Applicable Legislation.
4.2 Other requirements and restrictions regarding the content of Your Copyright
a You hereby acknowledge, agree and warrant under civil liability to the Provider, that Your Copyright, which you input, store or otherwise make available to End Users via the Service shall respect all Applicable Legislation requirements regarding advertising or marketing materials, or requirements in relation to the creation and posting/distribution of promotions and that it shall contain all of the necessary information and disclosures that are required in order to lawfully advertise your hosting/other business activities and your other potential goods and services to Consumers with the intent to induce the purchase of goods or services or to solicit a charitable contribution.
b You hereby acknowledge, agree and warrant under civil liability to the Provider, that Your Copyright shall in no way contain, mention, direct to, advocate, illustrate, condone, link, share, promote, market, advertise, solicit, store, allude to, include or result in:
a) these Terms being violated,
b) any Applicable Legislation or any other national or international laws, statutes, ordinances or regulations being violated (e.g. local or international Copyright laws, International Traffic in Arms Regulations, the Modern Slavery Act of 2015, import and export rules and directives, etc.),
c) the promotion of products or services which any Applicable Legislation bars from promoting,
d) the promotion of products or services that may be deemed as unsolicited or otherwise unlawful marketing to Consumers,
e) the posting/sharing of content which can be objectively identified as “SPAM”,
f) the posting/sharing of content promoting unregistered labour or the performance of unregistered services,
g) the violation, infringement or misappropriation of Intellectual Property Rights of the Provider or the copyright or intellectual property rights of any third party,
h) the violation of privacy rights,
i) the posting/sharing of content deemed as false advertising and unfair competition,
j) the posting/sharing of content deemed as racist, promoting segregation, bigotry or discriminating on the basis of age, race, sex, religion, nationality, disability or sexual orientation,
k) the promotion of products or services that are intended to pray upon the weak, old, young, disabled or impaired,
l) the posting/sharing of hateful, libellous, threatening, harassing, defamatory content, or content which promotes violence of any sort
m) the posting/sharing of content relating to acts of terrorism or know terrorist groups,
n) the posting/sharing of obscene, pornographic or indecent, vulgar, violent, offensive content,
o) the posting/sharing of harmful data (e.g. malware, viruses, Trojan horses, Root-kits, Backdoors, MYSQL Injections, spyware, worms, etc.) as well as malicious or harmful code,
p) the posting/sharing of fraudulent texts/images/photos/videos or other content promoting illegal MultiLevelMarketing or other illegal schemes,
q) the posting/sharing of content relating to gambling,
r) the posting/sharing of content relating to the use of tobacco products or alcohol,
s) the posting/sharing of content that is intended to illegally interact or redirect traffic to crucial infrastructure providers, life-line services, police lines, safety lines, and other utility-related telephone numbers,
t) the posting/sharing of content which is sent/uploaded by bots in order to achieve the denial of service of a third-party or the Provider,
u) the posting/sharing of content that is sent/uploaded with the goal of illegally obtaining, scraping, stealing, harvesting or otherwise collecting information,
v) the posting/sharing of content with the intent to stalk, threaten, abuse, harass, blackmail, or cause physical or psychological damage,
w) the posting/sharing of content that is sent/uploaded with the apparent or concealed intent of feigning the identity of the sender or with the intent of impersonating a public authority, natural or legal person,
4.3 Should the Provider have reasonable grounds to believe that you have not complied with any or all of the obligations listed in all of the clauses in section 4, or in situations where the Provider shall be directly or indirectly notified that this is the case by an End User, a public authority, or any third party (e.g. due to copyright claims), the Provider reserves the right to suspend you from accessing and using the Service as stated in section 12, deleting Your Copyright from the Service and seeking just compensation from you for any and all damages that the Provider or any third-party might have incurred. You hereby agree that deletion of your account or Your Copyright may be removed by us at any time, without notice or liability to you whereby the decision to do is in our sole discretion.
4.4 The Provider may from time-to-time list “best-practices”, guides, templates as well as other information that might aid you in meeting your compliance obligations under these Terms and the Applicable Legislation in the Traditional Crafting Service or on the www.traditionalcrafting.com website that may relate to your use of the Service and fulfilling copyright and other intellectual property requirements (e.g. blog posts, videos or image guides on how to create content and upload it to the Service). You hereby acknowledge and agree, that such materials are purely speculative and are in no way intended to be understood or used as legal or other material advice and that the Provider makes no representation or warranty with regards to such materials and information, and that no attorney-End User relationship is created should you choose to use or act on such materials and information. You hereby acknowledge and agree, that the Provider shall not be held liable by you or any third-party with regards to your use of such materials or information.
4.5 You and your Personnel warrant, that you shall:
a use the Service in accordance with these Terms solely for lawful purposes which do not breach these Terms, any third-party copyright or intellectual property right or any Applicable Legislation; and
b not resell or make available the Service to any third party, or otherwise commercially exploit the Service in ways which would breach these Terms.
4.6 When accessing the Service, you and your Personnel shall:
a not impersonate another person or misrepresent authorisation to act on behalf of others or us;
b correctly identify yourself as the host or other business activity provider and the creator and full copyright holder in relation to Your Copyright;
c not attempt to undermine the security or integrity of the Underlying Systems;
d not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user or End User to use the Service;
e not attempt to view, access or copy any material or data other than:
i that which you are authorised to access; and
ii to the extent necessary for you to use the Service in accordance with these Terms; and
f neither use the Service in a manner, nor transmit, input or store Your Copyright, our Intellectual Property or any Personal Data, that breaches any third-party right (including the Intellectual Property Rights of the Provider and privacy rights of End Users) or in any way which might be Objectionable, incorrect or misleading.
4.7 Without limiting the clauses from section 4, no individual other than you as the User may access or use the Service. You may authorise any member of your Personnel to be a Permitted User, in which case you must provide us with the Permitted User’s name and other information that we reasonably require in relation to the Permitted User, so that we may keep information on him as an alternative account holder. You must procure each Permitted User’s compliance with clauses 4.1, 4.2, 4.3, 4.4 and 4.5 as well as any other reasonable condition notified by us to you.
4.8 A breach of any of these Terms by your Personnel or any Permitted User is deemed to be a breach of these Terms by you.
4.9 You are responsible for procuring all rights, licences, authorisations and Consents required for you and your Personnel to use the Service, including to use, store and input Your Copyright into, and process and distribute Your Copyright through the Service.
4.10 Except as expressly provided in these Terms, no part of the Traditional Crafting Service and the www.traditionalcrafting.com website and no part of the Intellectual Property Rights of the Provider may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, which also explicitly includes any enhancement, modification or creation of a derivative work.
4.11 You shall protect your User account username and password with the care of a good businessman and in such a way as to prevent the username and password from coming into the possession of unauthorized third parties. You may not transfer the User account username and password to an unauthorized third party without the express and prior written permission of the Provider.
4.12 All damages, and all risks directly or indirectly related to the misuse, loss or alienation of the User account username and password or any part thereof, shall be borne by the User.
4.13 For any misuse, loss or alienation of the User account username and password or part thereof that may be attributable to the User’s wilful or negligent conduct, which causes damage to the Provider or, where a result of such conduct, damage is incurred by a third party who may consequently bring a claim against the Provider, the User shall be liable to the Provider for damages in accordance with the rules of civil law.
5 PROVISION OF THE SERVICE
5.1 Our Service involves the hosting and displaying of Your Copyright, (i.e. the general information, descriptions, images, products, locations, testimonials, offers, goods, services and other data) as it pertains to you, the Host. Our Service gives Hosts the ability to showcase their hosting capabilities, business activities, goods, services, products and other crafting related information so that End Users who are visiting our platform and using our Service can learn about traditional crafting and book a visit with a Host or interact with a Host in other ways.
5.2 We shall use reasonable efforts to provide the Service:
a in accordance with these Terms and the laws of the Republic of Slovenia;
b exercising reasonable care, skill and diligence; and
c using suitably skilled, experienced and qualified personnel.
5.3 Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other natural or legal person.
5.4 We shall use reasonable efforts to ensure the Service is available on a 24/7 basis and during normal business hours in terms of offering User support. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We shall use reasonable efforts to publish on the www.traditionalcrafting.com website advance details of any unavailability. You hereby understand and acknowledge that we may not be held accountable by you or any other third party for any downtime of the Service in relation to any occurrence of damage or loss of income or other similar effect.
5.5 Through the use of web services and APIs, the Service interoperates with a range of third-party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make that feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third-party feature, you are not entitled to any refund, discount or other compensation.
5.6 We also reserve the right to terminate the provision of the Service at any time and fully delete any uploaded content and copyrights, whereby you fully acknowledge and understand that we may not be held accountable to you or any other third party in relation to any occurrence of damage or loss of income or other similar effect, which may result from our termination of the provision of the Service.
6 LICENCE FOR THE USE OF YOUR COPYRIGHT BY THE PROVIDER AND END USERS
6.1 The core functionality of the Service allows End Users to view, share and potentially download Your Copyright for personal use via the Traditional Crafting Service
6.2 Without expectation of any other compensation or other remuneration that is not explicitly (i.e. in an individual agreement that you might have concluded with the Provider), by deciding to upload Your Copyright to the Service or sharing access to Your Copyright through the Provider’s official email channels or in communication with its employees/agents for this purpose, you hereby give:
a the Provider (Maja Jenko s.p., Ulica Gorenjskega odreda 8, 4000 Kranj, Slovenia, Europe, company reg. no.: 8879010000, tax ID no.: 18957609);
b a gratuitous, fully paid up, royalty-free, non-exclusive, worldwide license that is not limited by any timescales and lasts until Your Copyright is removed (by us or you) from the Service (see points h and i of this section 6.2.);
c so that we may show Your Copyright to any End User as part of our gainful activity on any part of our platform (i.e. Service) or through any other means, whereby you allow us to;
d collect, store, use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display and otherwise exploit all of Your Copyright, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our business, our Service as well as our current and future products and features including and without limitation for promoting and redistributing part or all of Your Copyright in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads, and video ads.
e Whereby the license granted as per this section 6 and as described in points a through d is hereinafter collectively referred to as the License.
f By deciding to upload Your Copyright to the Service or sharing access to Your Copyright through the Provider’s official email channels or in communication with its employees/agents for this purpose, you also waive your right to inspect and/or approve the finished products or the texts/references and other context that may be used in connection with Your Copyright. Furthermore, you understand and agree with the fact that Your Copyright and other potential data or information might not appear in the exact form in which it had been uploaded/shared and not every part of Your Copyright and other potential data or information for which permission is hereby granted may be used.
g By granting the Provider the abovementioned Licence, you waive any copyright rights, any similar rights or any other intellectual property rights under any Applicable legislation, as set out herein, while fully retaining the right to restrict, impair, transfer, licence, convey or otherwise alter or deprive Your Copyright of any of its rights or proprietary interests, tangible or intangible, if such action is not in contravention of these Terms,
h By accepting these Terms you agree, that the abovestated Licence is being given to the Provider with the intent of the Provider hosting and displaying Your Copyright for your own (and the Provider’s promotion) and that the abovestated Licence shall expire when you or we delete Your Copyright (or your entire User account) from the Service.[7]
i Irrespective of the abovestated fact, namely that the Licence shall terminate when we our you delete Your Copyright from the Service (or your entire User account), this may not be possible in some situations, whereby you understand and agree that in such cases Your Copyright may continue to appear and be used in publications, products and other Provider media that is ALREADY IN USE or already in CIRCULATION. You also understand and agree that any deletion of Your Copyright from the Service by you shall not expose the Provider or any End User to any potential remuneration or other claims that you or any third party might have in relation to Your Copyright prior to and after deletion.
6.3 The Provider shall fully respect your “moral” authorship rights.
6.4 Please note that while access to Your Copyright via the Service by End Users is limited to viewing, sharing and potentially downloading Your Copyright for private use as stated above, we have no way of fully protecting Your Copyright from any additional manipulation, storage or distribution which End Users might perform in breach of our End Users terms of service. We shall act to the best of our abilities to prevent the occurrence of such breaches by End Users, whereby you agree to waive any and all claims which you may bring against us in connection with such situations.
6.5 You also acknowledge and agree:
i to release, discharge, and agree to indemnify and hold harmless the Provider and its End Users from all claims, demands, and causes of action that have or may have been filed or otherwise initiated in connection with the abovestated use of Your Copyright, whether intentional or otherwise, that may occur or be produced in the use of Your Copyright, including publication on the internet, in brochures, or any other advertisements or promotional materials.
iii that we may use Your Copyright (and other data that you have shared with us, excluding any Personal information) and information about your use of the Service to generate anonymised and aggregated statistical and analytical data (hereinafter: Analytical Data); and
iv use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights;
v you agree, that the title to, and all Intellectual Property Rights as they relate to the Service and any part of the website as well as the Analytical Data is and remains our property.
6.6 While we will take standard industry measures to back up all of Your Copyright which has been stored using the Service, you agree to keep a separate back-up copy of all Your Copyright uploaded by you onto the Service.
6.7 You agree that we may store Your Copyright and any other relevant data on our secure servers and that we may access Your Copyright in the Republic of Slovenia for the purposes of maintenance and service upgrades from time to time.
6.8 You hereby agree to indemnify us against any and all liability, claim proceedings, costs, expenses (including the actual legal fees charged by our solicitors) and loss of any kind, which may arise from any actual or alleged claim by any third-party, that Your Copyright or your other data infringes the rights of said third-party (including the Intellectual Property Rights of the Provider or intellectual property rights and privacy rights of other third parties) or that Your Copyright is Objectionable, incorrect or misleading.
7 OUR GRATUITOUS USE OF YOUR COPYRIGHT AND YOUR GRATUITOUS USE OF OUR SERVICE
7.1 We provide the Service to End Users on a free basis (with the explicit exemption of any payable features, as explicitly listed on our website or in the Service). We also offer our Service to you as a Host free of charge.[8] You thereby cooperate with us and use our Service without any expectation of remuneration or any other payments being made from us to you.
7.2 If you do not agree with the abovementioned terms and the gratuitous nature of our Service, you are required to cease all use of the Service and delete your account.
8 CIRCUMSTANCES IN WHICH WE MAY CHANGE OUR BUSINESS MODEL
8.1 Should we decide to change our business model and decide to make your use of our Service payable, we shall duly notify you in advance and give you reasonable time to either accept the changes or cease all use of our Service and delete your account.
8.2 You shall not hold us liable to any change that we might make in relation to our business model.
9 FULFILLING TAX AND OTHER ACTIVITY RELATED OBLIGATIONS
9.1 You hereby acknowledge and warrant:
a that you are fully responsible for filing, reporting and otherwise managing your own Tax affairs and that we are not responsible for advising you on your Tax filing and Tax obligations, whereby you shall fully indemnify us for any and all Tax obligations which you are subject to under local or Applicable Legislation,
b that you shall report to the relevant tax authority under your jurisdiction the receipt of allpayments that might be made by End Users or us to you in relation to the Service, as required by Applicable Legislation,
c that you shall fully comply with all Applicable Legislation, laws, rules and regulations that relate to your Tax obligations during the full term of our cooperation under this Agreement,
d that you shall duly notify us regarding the occurrence of any and all actual or potential Tax non-compliance or the commencement of litigation, enquiry or investigation in relation to your Tax obligations or your other activity related legal obligations,
e that you fully agree with our right to delete your account and all of Your Copyright in the event that we become aware or are notified regarding any Tax non-compliance which relates to you.
10 INTELLECTUAL PROPERTY
10.1 You hereby acknowledge and agree to the fact, that title to all Intellectual Property Rights in the Service, our website, and all Underlying Systems, is and remains our property (or our licensors’ property). You shall not contest or dispute that ownership, or the validity of our Intellectual Property Rights.
10.2 If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (hereinafter: Feedback):
a all intellectual property rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b we may use or disclose the Feedback for any purpose.
10.3 You acknowledge that the Service may link to third-party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
11 CONFIDENTIALITY
11.1 Each Party must, unless it has the prior written consent of the other Party:
a keep confidential at all times the Confidential Information of the other Party;
b effect and maintain adequate security measures to safeguard the other Party’s Confidential Information from unauthorised access or use; and
c disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other Party’s Confidential Information is aware of, and complies with, clauses 11.1a and 11.1b.
11.2 The obligation of confidentiality from clause 11.1 does not apply to any disclosure or use of Confidential Information:
a for the purpose of performing a Party’s obligations, or exercising a Party’s rights, under these Terms;
b required by law (including under the rules of any stock exchange or the requirements of lawful due diligence proceedings);
c which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
d which was rightfully received by a Party from a third-party without restriction and without breach of any obligation of confidentiality; or
e by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third-party on terms no less restrictive than those from this paragraph 11.
12 WARRANTIES
12.1 Each Party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
12.2 To the maximum extent permitted by law:
a our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to EUR 1.000; and
b we make no representation concerning the quality of the Service and do not promise that the Service will:
i meet your requirements or be suitable for a particular purpose including that the use of the Service will fulfil or meet any statutory role or responsibility you may have under the Applicable Legislation,
ii be secure, free of viruses or other harmful code, uninterrupted or error free.
12.3 You agree and represent that you are acquiring the Service, and accepting these Terms, for the purpose of performing your business activity. The Parties agree that:
a to the maximum extent permissible by law, any and all applicable consumer protection legislation does not apply to the supply of the Service or these Terms; and
b it is fair and reasonable that the parties are bound by this clause 12.3.
12.4 Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited by our option, to:
a stop supplying the Service; and/or
b paying the costs of having the Service supplied again.
13 LIABILITY
13.1 Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any year exceed an amount equal to EUR 1.000. The cap in this clause 13.1 includes the cap set out in clause 12.2a.
13.2 Neither Party is liable to the other under or in connection with these Terms or the Service for any:
a loss of profit, revenue, savings, business, use, data (including Your Copyright), and/or goodwill; or
b consequential, indirect, incidental or special damage or loss of any kind.
13.3 Clauses 13.1 and 13.2 do not apply to limit our liability under or in connection with these Terms for:
a personal injury or death;
b fraud or wilful misconduct; or
c a breach of clause 12.
13.4 Clause 13.2 does not apply to limit your liability:
a to fulfil all of your obligations under paragraph 4.
b under any indemnity that you agree to offer us under this Agreement; or
c for those matters stated in paragraphs 4, 6 and 9.
13.5 Neither Party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other Party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other Party or its Personnel.
13.6 Each Party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other Party under or in connection with these Terms or the Service.
14 TERM, TERMINATION AND SUSPENSION
14.1 Unless terminated under this paragraph 14, these Terms and your right to access and use the Service as a Host shall start on the Start Date and shall continue until:
a you choose to delete your account via the Host dashboard or by submitting such request to info@traditionalcrafting.com, or
b your account is terminated at any time by the Provider as a result of any material breach of these Terms,
c either you or the Provider becomes insolvent, liquidated or bankrupt, have an administrator, receiver, liquidator, statutory manager, or a mortgagee agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason, whereby such Party shall be required to inform the other Party with a notice.
14.2 You may terminate this Agreement and your right to access and use the Service at any time, whereby termination of this Agreement does not affect either Party’s rights and obligations that accrued before that termination.
14.3 We shall promptly return to you or destroy all of your Personal Data and Confidential Information and Your Copyright if we or you delete your Host account.
14.4 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove Your Copyright if we consider that you or any of your personnel have:
a undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
b used, or attempted to use, the Service:
i for improper purposes; or
ii in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
c Your Copyright which has been transmitted, inputted, stored or used in the Service in any way, that breaches or may breach these Terms and specifically the clauses in section 4., or any third-party right (including intellectual property rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
d otherwise materially breached these Terms.
14.5 Upon any termination or deletion of your account, you hereby acknowledge and agree to destroy any Confidential Information, downloaded materials, access, passwords, usernames, account information or other data that relates to the Service or the Intellectual Property Rights of the Provider or any End User that are in your possession or in the possession of your Personnel or Affiliates whether in electronic or printed format.
15 GENERAL
15.1 Neither Party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
15.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
15.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
15.4 Subject to providing the Service and the Agreement you have entered into, you hereby acknowledge and agree, that we are an independent software-as-a-service provider and that no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
15.5 If we need to contact you, we may do so by email or by posting a notice on the www.traditionalcrafting.com website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing info@traditionalcrafting.com.
15.6 These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of the Republic of Slovenia. Each party submits to the exclusive jurisdiction of the Courts of the Republic of Slovenia in relation to any dispute connected with these Terms or the Service.
15.7 Clauses which, by their nature, are intended to survive termination of these Terms continue in force.
15.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
15.9 Any variation to these Terms may only be done by the Provider and does not require the signing of both parties.
15.10 These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
15.11 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
15.12 The text of these Terms represents version 1.0 of this document. Please reach out to us at info@traditionalcrafting.com in order to receive the previous version of this document.
15.13 This notice was last updated on 31st of December, 2022.[9]
Arhitekturno in notranje oblikovanje, Maja Jenko s.p.
