Simi Čekovská
CART (0)

Terms of use

1. Introductory Provisions and Definitions

For the purposes of these Terms of Use, the terms defined below shall have the following meanings:

“Company”
means MediaBrothers, s. r. o., with its registered office at Trnavská cesta 19375/8C, 821 08 Bratislava – Ružinov, Company ID No.: 51 876 655, Tax ID No.: 2120816170, VAT ID No.: SK2120816170;

“Copyright Act”
means Act No. 185/2015 Coll., the Copyright Act, as amended;

“ePrivacy Directive”
means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector;

“Website”
means the website simicekovska.com, including all of its parts, sections and subpages;

“Privacy Policy”
means the current version of the Company’s personal data processing policy and cookie policy available on the Website;

“GDPR”
means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

“User” or “Users”
means any natural or legal person who accesses the Website or otherwise interacts with its content;

“Company Service”
means an information society service within the meaning of Section 2(a) of Act No. 22/2004 Coll. on Electronic Commerce, provided by the Company through the Website in accordance with these Terms of Use.

2. Information on the Provider of Company Services

2.1. The provider of the Company Services through the Website is the Company.

2.2. The provision of the Company Services through the Website does not form part of any regulated profession.

2.3. Access to the Website is freely available. The Company Services are provided to Users free of charge unless otherwise stated in relation to a particular service, product or order.

2.4. Users may contact the Company at the following email address: info@simicekovska.com.

3. Scope and General Provisions

3.1. These Terms of Use govern the rights and obligations of the Company, as the provider of the Company Services, and of Users who visit the Website or use its content and functionalities.

The Company Services provided through the Website include, in particular:

  • displaying information about the artistic work, the artist, artworks, collections and art prints;
  • presenting visual, textual and audiovisual content;
  • providing information on the availability of artworks, prints or other products;
  • enabling Users to contact the Company or the artist;
  • displaying links to social media platforms and other external platforms;
  • providing other services and functionalities available through the Website.

The Company shall determine the specific scope and form of the services and functionalities available through the Website.

3.2. These Terms of Use apply to the use of the Website operated by the Company. By accessing or using the Website, the User confirms that they have read these Terms of Use and agree to comply with them.

3.3. The Website is intended primarily for Users’ personal and informational purposes. Any use of the Website’s content for commercial, promotional, publishing or other professional purposes is subject to the Company’s prior written consent, unless expressly stated otherwise.

4. Rights and Obligations of the Company

4.1. The Company shall have the right to refuse or restrict a User’s access to the Website if the User breaches these Terms of Use or applicable laws, or where such restriction is necessary for technical or security reasons.

4.2. The Company shall have the right to remove, modify, supplement or otherwise amend the content of the Website at any time. The Company may also, at its sole discretion, modify, supplement or restrict the Website’s functionalities.

4.3. The Company may use the Website to display information about its own artistic work, collections, products, services, collaborations, exhibitions or other activities. The Website may also contain promotional content relating to third parties or business partners.

4.4. The Website may contain links to third-party websites, social media platforms, online stores or electronic files. The Company shall not be responsible for the availability, security or content of such external websites or services.

Where a User’s interaction with an external link results in the processing of personal data by a third party, such processing shall be governed by the privacy terms of the relevant third party.

4.5. The Company may remove or restrict access to content on the Website where it has reasonable grounds to suspect that such content infringes applicable laws, the rights of third parties or the legitimate interests of the Company.

4.6. The Company shall have the right to temporarily or permanently restrict the availability of the Website or any of its functionalities, in particular due to maintenance, updates, technical failures, security incidents or the discontinuation of a particular service.

4.7. If the Company becomes aware of unlawful content available on the Website, it shall be entitled, and where required by applicable law also obliged, to take appropriate measures without undue delay to remove such content or disable access to it.

5. Rights and Obligations of the User

5.1. The User shall have the right to use the Website and the available Company Services in accordance with these Terms of Use and applicable laws.

5.2. The User shall notify the Company without undue delay of any reasonable suspicion concerning unlawful content on the Website or any part thereof.

Such notification should identify the content in question as precisely as possible, state the reasons why the content is alleged to be unlawful and describe the action the User requests the Company to take.

5.3. In particular, the User is prohibited from:

  • modifying, altering or interfering with the Website without authorisation;
  • creating, downloading or distributing copies of the Website’s content for commercial, promotional or publishing purposes without the Company’s prior consent;
  • copying, reproducing, modifying or otherwise using photographs, reproductions of artworks, graphic elements, texts, videos or other content of the Website without the relevant authorisation;
  • interfering with the integrity of data, databases, graphic elements, the structure or source code of the Website;
  • attempting to gain unauthorised access to the Company’s information systems;
  • reverse engineering, translating or otherwise interfering with the source code or machine code of the Website;
  • interfering with the availability, security or proper functioning of the Website;
  • using the Website for unlawful, fraudulent or misleading purposes;
  • infringing the copyright, intellectual property rights or personality rights of the Company, the artist or any third party.

5.4. If the User does not agree to these Terms of Use, the User must leave the Website and discontinue its use.

6. Privacy

6.1. Where personal data are processed or cookies are used through the Website, the relevant Privacy Policy and cookie policy published on the Website shall apply.

6.2. Through the Privacy Policy, the Company fulfils its information obligations pursuant to Articles 13 and 14 of the GDPR. By visiting the Website, the User confirms that they have had the opportunity to familiarise themselves with the information concerning the processing of personal data.

6.3. The Company may be required to provide data relating to electronic communications, including the User’s IP address, to competent public authorities where such an obligation is imposed by applicable law or by a decision of a competent authority.

7. 7. Liability in Respect of the Website

7.1. The Company shall not be liable for the transmission of information between the Website and the User’s end device where such transmission is initiated by the User and takes place through public electronic communications networks.

7.2. The Company shall not be liable for the automatic, temporary or transient storage of information in the memory of the User’s device for the purpose of enabling more efficient loading or subsequent transmission of information, including, for example, the caching of data by an internet browser.

7.3. The Company does not guarantee the uninterrupted, error-free or complete availability of the Website and shall not be liable for temporary outages, technical errors or restrictions affecting the Website.

7.4. The Company shall not be liable for any direct or indirect damage, loss or expense arising in connection with access to the Website, its use, inability to use it, outages, malfunctions, errors, interruptions, cyberattacks or other technical failures, unless otherwise provided by applicable law.

7.5. The content of the Website is provided “as is”. The Company does not warrant that all information will at all times be complete, up to date or free from errors.

This provision shall not apply to any rights of the User which may not be excluded or restricted under applicable law.

7.6. The Company shall not be liable for the accuracy, content, availability or form of third-party websites accessible through links on the Website.

The Company is not a party to any legal relationship entered into between the User and operators or providers of third-party services.

8. Copyright and Intellectual Property Rights

8.1. The content of the Website, including in particular artworks, reproductions of artworks, photographs, illustrations, graphic elements, visual identity, texts, videos, collection names and other visual or audiovisual content, is protected by the Copyright Act and other laws governing intellectual property rights.

The Company, the artist or the relevant third party is entitled to exercise the economic rights in respect of such content or holds the necessary authorisation to use it.

8.2. By using the Website, the User does not acquire any economic rights, licences, sublicences or other rights in respect of the content published on the Website.

The User is entitled to view the Website’s content solely for personal and non-commercial purposes, unless otherwise stated in relation to specific content.

8.3. Without the prior written consent of the relevant rights holder, it is prohibited in particular to:

  • copy or reproduce the content of the Website;
  • modify, adapt or create derivative works from such content;
  • publish or distribute the content through other websites, social media platforms, print media or digital platforms;
  • use the content for commercial, advertising, promotional or publishing purposes;
  • manufacture or sell products incorporating motifs, parts or reproductions of artworks presented on the Website.

8.4. When using the Website, the User must not infringe or jeopardise any copyright, intellectual property rights, personality rights or other rights of the Company, the artist or any third party.

8.5. Any suspected infringement of copyright or other intellectual property rights in connection with content on the Website may be reported to: info@simicekovska.com

9. Links to the Website

9.1. Linking to the Website as part of ordinary private sharing, for example on a User’s personal social media profile, is permitted provided that such sharing does not infringe the rights of the Company, the artist or any third party.

The use of a link to the Website in connection with commercial, advertising, media or other professional activities may be subject to the Company’s prior consent.

9.2. Links to the Website must not:

  • damage the reputation or goodwill of the Company or the artist;
  • create a misleading impression that a cooperation, partnership or endorsement exists;
  • be placed in a defamatory, discriminatory, vulgar or unlawful context;
  • make unauthorised use of the Company’s business name, the artist’s name, any trademark, photographs, artworks or other protected content.

9.3. Where the Company grants consent to the use of a link, its business name, the artist’s name, a trademark or any other protected designation, the Company shall be entitled to withdraw such consent at any time.

Following withdrawal of consent, the relevant person shall remove the links or protected designations without undue delay to the extent requested by the Company.

10. Final Provisions

10.1. These Terms of Use shall be governed by the laws of the Slovak Republic, in particular Act No. 40/1964 Coll., the Civil Code, Act No. 22/2004 Coll. on Electronic Commerce, and Act No. 185/2015 Coll., the Copyright Act, in each case as amended.

10.2. The content of the Website is not intended for use or distribution in any jurisdiction where such use or distribution would be contrary to applicable law or would require any specific authorisation, registration or compliance with any other statutory requirement.

10.3. If any provision of these Terms of Use becomes invalid, ineffective or unenforceable, this shall not affect the validity or effectiveness of the remaining provisions.

Any invalid, ineffective or unenforceable provision shall be replaced by a provision whose purpose and meaning most closely correspond to those of the original provision.

10.4. These Terms of Use shall apply, as appropriate, to content and services provided by the Company or the artist through social media platforms, unless otherwise arising from the nature of the relevant platform or its own terms and conditions.

10.5. The User shall be liable for any damage caused by a breach of these Terms of Use or applicable law.

If, through their actions, the User causes damage to a third party or gives rise to a claim against the Company, the User shall compensate such damage or claim to the extent required by applicable law.

10.6. The Company shall be entitled to amend or supplement these Terms of Use unilaterally at any time.

The updated version of the Terms of Use shall take effect on the date of its publication on the Website, unless a later effective date is specified in the updated version.