TERMS & CONDITIONS FOR USERS
We may also update this policy settings from time to time. If this happens, we’ll let you know about the changes, either by notifying you on the site or by sending you an explicit email. If you keep using our services after a change, that means you accept this following Policy.
WHO WE ARE
The Core, is a group of freelancing artists (together with its subsidiaries, affiliates, agents, representatives, consultants and directors) based in Berlin (Germany) and Linz (Austria). We provide services from artistic multimedia installations, mapping projections and visual solutions over lighting designs and conceptual visualizations that bring mixed multimedia creative projects to life. Besides our main projects described beforehand we provide a stock media platform for creative editing projects, live performances like shows, concerts, festivals and events that require digital media. The entire media stock archive available via our shop and its subpages is entirely created by our team member Christopher Noelle.
HOW THIS POLICY APPLIES
WHAT WE COLLECT AND RECEIVE
In order for you to make orders on our shop site and use our Services, we collect and process certain information. Depending on your use of the Services, that may include:
Information you provide by completing forms on The Core. including your name, email and postal addresses, telephone number, country of residence, login, and password details. We may ask for this information if you register as a user of the Services, subscribe to our newsletters or if you contact us;
Information you provide for identity verification purposes when launching a project, including your legal name, business name and Tax ID for business entities, and date of birth. In some cases, our payment processor will request that you provide a secure upload of an identity document (such as your passport, driver’s license or other government-issued ID) to our site.
Details of any requests or transactions you make through the Services. The Core. partners with other companies (such as sellfy) for payment processing, and the payment information you submit is collected and used by them in accordance with their privacy policies (for sellfy, click here). The Core. doesn’t store your payment information apart from the last four digits of your credit card or bank account (as applicable), expiration date, and country, which we require for tax, government regulatory, and security purposes;
Information about your activity on and interaction with The Core., including use of our mobile apps (such as your IP address, the type of device or browser you use, and your actions on the site);
Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem);
Information that you submit on or to VJLoops in the form of comments, contributions to discussions, or messages to other users; and
The email address associated with your Facebook account, if you choose to sign up using your Facebook credentials. VJLoops will also request permission to access your name, profile picture, and friend list (these permissions are governed by Facebook’s privacy policies and can be managed through your Facebook privacy settings). We never post anything to your Facebook, Twitter, or other third-party accounts without your permission.
You may decline to provide us with your information. However, this will limit your ability to register for an account or use our Services. For example: Downloading free content requires you to sign up as a buyer. Submitting content for sale requires you to sign up as a contributor. You may review, change or remove your information through your account settings.
HOW WE USE THIS INFORMATION
We use the information we collect for the following purposes:
To keep your account secure and protect our Services (including to verify the identities of creators and prevent fraud and abuse);
To enable us to provide you with our Services, and to improve and promote our Services;
To create and administer your account, contact you, and customize your experience on The Core. or its upcoming external shopsite (for example, to show you content that we think may interest you based on your previous use); and
To track and analyze use of the Services so that we can improve how VJLoops is performing and provide users with the best experience possible.
FOR EU USERS
Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services, enable creators to establish and display their content (media files), and enable customers to find and make purchases to them.
Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of purchases and payments made through our Services.
Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests.
For example, we use identity, device, and location information to prevent fraud and abuse and to keep our offered services secure. We may also send you promotional communications about our services, subject to your right to control whether we do so.
We analyze how users interact with our website so we can better understand what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer to all our users.
GENERAL CONDITIONS. TERMS OF SITE USE (AGB)
1. GENERAL CONDITIONS
In the document below, Agreement, and any other relating papers and procedures towards all Stakeholders the following terms and definitions are used:
COMPANY - The Core. represented by Creative Director - Christopher NoelleVendor – registered user of the site that offers and provides his or her product or services to other users basing on Site Use Agreement Conditions or/and on Seller Agreement Conditions.
USER – physical entity committed to this Agreement cable to act independently or as a representative of legal entity which User is authorized to represent.
COMPANY SITES/ SUB-DOMAINS - any site which is registered and accessible under www.thecoreberlin.com domain and its sub-domains.
PRODUCTS – goods and services offered by The Core. and its vendors on the site which can be acquired by any user on the basis of Site Use Agreement Conditions.
LICENSING AGREEMENT – legal agreement which allows to use The Core. offered content or services to the vendor.
USER CONTENT – materials including, without any restrictions, texts, pictures, audio, photos, video and audio visual materials and other informative materials which are provided to the buyer/ his or her company by vendor via site or additional services.
SERVICE - service package, which is provided to User or Vendor
AGREEMENT - the present document with all its changes and appendixes
CONTENT – all texts, graphics, user interfaces, visual interfaces, photos, trademark names, logos, sounds, music, pictures, programming codes (all of them are jointly named “Content”), including also design, structure, choice, coordination, appearance, general style and layout of the Content which is included into the site.
THIRD PARTIES – any physical or legal entities having some deals with Users, Vendors or Company which are not regulated with this agreement.
1.2. Company site materials, content, vendor’s or company products and services usage is regulated by current acting Austrian legislation, place of jurisdiction is Linz, Upper Austria.
1.3. The present agreement is a public offer. Getting access to content or customer or/and vendor products means that the user agrees to the present agreement rules.
Any kind of service usage which is stated in this agreement including:
review of materials placed on site
registration or/and authorization to the site or offered services
posting or displaying of all materials on site including (but not restricting) such as texts, hypertext links, hashtags, pictures, audio and video files and intellectual property.
downloading or uploading of any site material and materials defended by copyright;
purchasing, selling and further usage of company or vendor products or services means that all activities are carried out under conditions of signed contract between company and user based on conditions of the present agreement, including conditions from site use and licensing agreement.
Using any of above mentioned services means that you hereby confirm the following:
A) You have carefully read our terms and conditions under the present agreement, aware of all cases before starting to use our service or on-site offers.
B) You as user agree with conditions of this agreement in full without any exception or restrictions from your side and are obliged to follow all terms of agreements, otherwise our company can deny access for provided content from site. If you do not agree with our terms and conditions of this agreement leave the site.
C) Agreement (including any of its parts) can be changed without any special notification. New conditions come into force from the moment of its placing on Site.
2. GENERAL SITE USAGE CONDITIONS
2.1 Functional features of site or services are allowed to be used only after user registration and payment authorization on site, following the provided instructions.
2.2 Users must be informed about changes in technical, organizational and commercial conditions of site usage, including its functional features by locating such information onto site or by notifying users.
2.3 The Core. is allowed to cut-off or change, terminate or block user indicator, login, account and password in its discretion after advanced warning.
2.4 Access to some specific parts of the site is limited. The Core. has the right to restrict different parts of Site or whole Site in its (Site) administrators sole discretion to carry out technical works on Site or/and, if Site administrators consider User activities directed at sabotaging of services; Services, Site or/and Company reputation slandering or/and damaging Company confidential information, distribution or/and piracy.
2.6 Buying companies or/and vendor’s products means the user agrees to follow Licensing Agreement for the products usage which is located here: https://thecoreberlin/license-agreement
3. USER RESPONSIBILITY
3.1 The user agrees not to take any action which can be considered as breach of any law in Austrian legislation or/and international law, including intellectual property, copyright or/and relating rights, and also any activities which can intentionally or unintentionally lead to malfunction of Site and its services, including activities which damage the reputation of The Core. as a company or individual artist who act under the umbrella corporation.
3.2 The user agrees not to use our offered services in order to copy, store, locate, transfer, use, publish or redistribute any material
3.3 We will legally chase site-damage which caused or/and is connected with any spyware, virus software, Trojan horse, worm, keystroke logger, rootkit or other malicious software.
3.4 The user agrees not to conduct any systematic, automated or manual processes, as well as data collection activities including data mining, data extraction or/and collection of data that is present on the site or in the index of search engines.
3.5 The user agrees not to use this website to transmit or/and send unsolicited commercial messages or spam emails.
3.6 Comments and other records of the user on site should not be in conflict with the requirements of Austrian law and generally accepted norms of morality and ethics. The Core. reserves the right to delete comments or other user entries on its site and social media channels without notice.
3.8 The user is informed that The Core. is not responsible for the content of those links which can be placed on Company site or any affiliated Sites.
3.9 The user agrees that The Core. is not responsible and has no direct or indirect liabilities to the user in connection with any possible or arising loss or damages associated with any content delivered from our site, registration of copyright, and information on such registration, products or services, commodities provided byThe Core. or vendor available on the website or obtained from external sites or resources, or any other user's contacts, which the user enters, using the information posted on the website or links to external resources.
3.10 The user agrees that all materials and service or any of their parts can be accompanied by any kind of advertisement. The user agrees that The Core. is not liable to any damages because of such ads.
4. USER CONTENT
4.1 Some parts of this web-site are developed to force information exchange openly. The Core. allows the user to locate, transfer, exchange and send information into blogs, forums and other social blocs related to this web-site (network forums). User-generated content which you have previously downloaded, transferred, placed, embedded, sent via mail or introduced via any other methods underlies your own responsibility.
4.2 The Core. is not responsible and does not control or approve and does not guarantee accuracy, integrity and quality of user-generated content.
4.3 The Core. reserves the right to review, delete, or edit any of user-generated content that, in the opinion of company, violates these terms of usage.
4.4. You remain fully responsible for the usage of our content after purchasing/downloading from our site or thrid parties offered material created by team of The Core..
5.1. By using this site, you agree and guarantee that that you will not:
perform any act aimed at undermining, difficulty or impairment of proper operation of our website;
send spam or other unauthorized advertisements or solicitations through this website;
receive, collect or use addresses, phone numbers, email addresses or other contact information (collectively "contact information") of users of the site without the consent of the owner of this data
ask for personal information from the users of the website
give false personal information in your account, create more than one account, transfer your account and ourchased content to another person or third party, create an account for another person or create a page without proper authorization
use your account as User for any commercial purposes
intimidate or harass any of the users
commit to unlawful, illegal, fraudulent, malicious acts or acts that could harm other Users of the website or bring them accountable; or make other Users attempt to commit the above acts, promote or assist them. You as User may not use this Web site to:
impersonate any person or entity;
falsely represent or misrepresent, intentionally omit, delete transmission information, including headers, logins, codes and responses to mail and Internet protocol addresses
in any way, obstruct, disrupt or cause damage to the website or the servers and networks which are connected to this website
use this Web site in violation of any applicable laws and regulations or any rules and guidelines established byThe Core..
6. SALES OF PRODUCTS
7.1. Seller (The Core. or vendor) shall transfer to the purchaser (User) goods intended for personal, commercial, private or other types of use, on the basis of the license agreement, and buyer shall accept and pay for goods on the conditions of site.
7.2. Name, price, quantity and specifications of the goods, as well as other necessary conditions of the treaty of purchase and sale are based on information provided to the buyer on the site product page and the conditions of use of the website of the license agreement and/ or other promotional, informational materials obtained by user from The Core..
If User has doubts about the authenticity of the information on the goods displayed on the website or other promotional information authenticity of products or materials common to other social accounts, pages or sites of our company, the user must send a notice to The Core.. The order can be placed in various ways: through a form on the website, by email, by phone, through the Internet-shop payment systems.
7.3. A prerequisite to conclude the contract is unconditional acceptance and adherence of the Purchaser (User), applicable to the parties under Contract requirements and the provisions defined by the following agreements:
Terms of Website Use https://thecoreberlin.com/terms-conditions/
7.4. The Core. reserves the right, at any time, to change the price of product and/or product information without notice of User.
7.5. The Buyer has the right to cancel the entire order or part of it after the notification of the seller, The Core. and vendors, and before the actual shipping of goods by mail or/and before obtaining a reference or/and before getting an access to download of digital goods.
7.6. In case of cancellation of the order, the Buyer shall notify The Core. via e-mail by writing the order number and the reason for the cancellation.
7.7. The Core. reserves the right not to provide any services or products, and not to provide access to download Vendor or Company files if The Core. and/or Vendor suspect that the order made by the client have the purpose of piracy or theft of intellectual property. In case of suspicion, The Core. has the right to transfer you as customer data to local authorities and/or the police.
8. Methods of payment and transfer commission
8.1 Right now we accept payments through Paypal only. Read the actual paypal settings here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full
9. Taxation and documentation
9.1 The prices for The Core. and Vendor products for European Union Customers on Site are displayed without tax, tax relies to Austrian law and is hereby added within the checkout.
9.2 When purchasing products from The Core. or vendors’ sites or services, user will be provided with PDF invoice that is automatically generated from the paypal site and sent to the registered email-address of user.
9.3 Generated by Site system PDF invoice is a legal document which is valid without a signature.
9.4 The Core. is not liable for income tax, PDV taxes or other taxes which have to be applicable to vendors or users.
User is notified that within the framework of user commercial activities on the website, user is obliged to pay tax under the tax laws of the country where User operates.
9.5 The Core. is not responsible for loss of user documents (eg PDF invoice) given to the user under this agreement.
10. Digital products download, access permission
10.1 After user purchases the goods and makes payment to the The Core. via Paypal or any other merchant account, company gives an access to load goods through User's personal account on the Site or via additional Cloud Hosting or Cloud service.
10.2 In order to download products via the additional Selly Shop Cloud Service, user must provide The Core. with Gmail Address to provide access and better performance when downloading.
10.3. User is obliged not to transfer an access to personal account or access to load of products to third parties if it is not assumed with Licensing Agreement.
10.4. Limits for downloading are set by company without notifying the user. Standard limit for products download is 3 times.
10.5. User agrees not to violate the terms of licensing agreement in acquired goods use, otherwise, The Core. will be forced to file a lawsuit to sue user.
11. Goods returns and refunds
11.1 The Core. does not refund purchased digital products.
11.2 The offered online-payment services are only possible via an active Paypal-account. Once you agree to the payment, the content is yours and allows up to 5 downloads with the registered
11.4. You as User agree that while goods returning and refunding, all additional payments are shouldered on You as User and, Lime Art Group e.U. Company will not compensate any additional commission which rose from You as User, payment systems when ordering.
12.1. You as User agree to indemnify all losses, costs and expenses (including reasonable attorney's fees) resulting from or related to the following actions:
a) The use of this website or other applications, functions, user content, content or materials related thereto;
b) violation of the conditions of use;
c) violation of the rights of another User, person or entity;
d) violation of the License Agreement;
d) violation of the representations, warranties and agreements that You as User have read and given in this document. In all of these actions, You as User must not involve The Core. to the third party liability complainant.
13.2.The Core. does not grant any assurances or warrantees that this website does not contain defects, viruses or other harmful components. The Core. will not be responsible for losses or damage that may be caused by breaking of this website or penetration into computer systems controlled by The Core..
13.3 You as User will be solely responsible for adequate protection and storage of backups and/ or equipment used in connection with the website of data.
you as User agree not to impose us, The Core. to complaints and legal actions because of cases based on use of this websites services and offers, including claims regarding loss of data, delays in operation or lost profits resulting from use of materials or content of this website.
13.4 Pages of this website may contain technical inaccuracies, outdated information or typographical errors. to the extent permitted by applicable law, this website is presented "as it is". The Core. makes no warranties, including explicitly and implicitly stated but not limited to any kinds of warranty for every particular purpose or merchantability, and in no event shall not guarrantee the quality, data content, artistic value or legality of the information, content, user content, goods or services, sent or received, acquired or provided through this website. We do not guarrantee that this website will be free of errors or that any defects will be corrected. Eexclusion of implied warranties may be prohibited by applicable law, so the above exclusion may not apply to you.
14. Notice and procedure for making claims about Copyright Infringement
14.1 Submission of the notice of copyright infringement shall be transmitted to the next authorized employees:
Lessingstr. 6 Top 3
Austria, 4020 Linz
This notification is considered to be in act if it contains the following issues in written:
-a physical or electronic signature of a person, User authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
15. Liability limitation
15.1. Under no circumstances, including negligence, shall The Core. not be liable for any special, incidental or consequential damages or lost profits, which were caused by distribution, use or/and inability to use the content or materials of this web site, even if we were informed about possibility of such damages. the limitation or exclusion of liability or indemnity for incidental or consequential damages may be prohibited by applicable law, so the above limitation may not apply to you as User.
16. Jurisdiction and Choice of Law
16.1. The Core. monitors and controls the Website data from its office located in Austria. Unless otherwise stated, materials and content on this web site are presented solely for the promotion, sale of goods and services on the Internet.
The information published on this website may contain references to products, programs and services that are not announced or available in your country or region. The Core. do not claim that the information, products, programs or services referenced on this website are legal, available and appropriate in your country or region.
17. Liability of the parties
17.1 For non-performance or improper performance of the terms of this User Agreement Parties shall be liable in accordance with the requirements of the Austrian legislation.
17.2 For violation of the provisions and requirements set forth in this User Agreement, Company has the right to:
- Suspend the provision of services to users of site for a certain period to be determined by Company;
- Terminate the provision of services to such users of the website;
- Restrict the provision of services to users of site for a certain period or without a definition of this term.
- File a lawsuit against user for violating the conditions of using site, violation of License Agreement.
- Uplift additional charges for users for services, products and/or additional payments which are made by The Core. to third parties for the provision of services to user.
17.3 The Core. is not responsible for the improper performance of obligations by third parties, in particular from the payment systems (Paypal, Stripe), credit institutions (banks), the mobile operators to transfer funds via site user.
17.4 The Core. is not responsible for any failures to perform its obligations, if such non-performance or improper performance of obligations is caused by the actions of third parties, payment system, hosting providers.
17.5 The Core. shall not be liable for any costs, losses or other damages caused to the users of the website by introduction of any kind of advertising, advertising banners, ads, contextual ads, links to which are placed on the site. Site user agrees not to submit to The Core., claims for these expenses, damages and other damages; all received claims should be dismissed. User of this website agrees to give consent that third parties can use information about visits to the site, the hyperlinks which are placed on the website and which are clicked by user in order to watch advertisement of goods and services (except names, address, email address or telephone numbers).
17.6 The Core. and site user shall not be liable for breach of this user agreement, if such failure is caused by force major circumstances. Force major circumstances are actions of public authorities, local authorities, fire, flood, earthquake and other natural disasters, lack of electricity and / or malfunctions of computer network operation, strikes, civil unrest, riots.
18. Settlement of Disputes
18.1. The parties have set ambitious pre-trial procedure for settling differences and disputes. The deadline for reply to the complaint is 7 (seven) business days of receipt, starting with the date of receipt by e-mail.
18.2. In case of failure to reach agreement on the contentious issues of dispute arising out of this agreement shall be examined by the court at the location of the company's registration.
19. Validity of User Agreement
19.1. User agreement shall enter into force upon its placement on the internet at the website.
19.2. User agreement is concluded for an indefinite period of time and loses its effect when The Core. terminates it.
19.3 In case of changes in user agreement, such changes come into force from the date of publication of the new edition of user agreement on site, unless other terms are defined in addition to amendment publication. In such case, changes come into effect without prior notice to user.
User is obliged to monitor the changes in the provisions of this agreement and shall be liable for any negative consequences associated with non-compliance with this obligation. In case of disagreement user is obliged to stop using our site and services, otherwise the continued use of site by user means that user agrees to the terms of this user agreement as amended.
19.4 Relationship between user and The Core. in agreement cannot be considered as agency relationship, partnership relations, relations on joint activities, relationships, personal hiring, or any other relationship if it is not implicitly stated by a seperate agreement.
19.5 Recognition by the court of any provision of agreement invalid or not enforceable does not entail invalidation of other provisions of agreement.
Cookies & Other Technologies
COOKIES - What´s that?
Cookies are small data files that are issued to your device when you visit a website and that store information about your use of a service. Pixel tags (which are also called clear GIFs, web beacons, or pixels) are little snippets of code or tiny images embedded on websites and in email that help us learn how you interact with our site and emails.
Why we use them
How they work
When you visit The Core., our web server sends a cookie to your device, which allows us to recognize your device (but not the specific person using it). By associating the identification numbers in the cookies with other account information when, for example, you log in to our Services, we know that the cookie information relates to your user account. Similarly, pixel tags on our site and in email communications help us identify how your device is being used to interact with The Core. content. of the tags and cookies used by our Services are served by us, and some are served by trusted partners who are delivering services on our behalf.
Some examples of the types of cookies and other technologies The Core. uses:
The Core. uses authentication cookies and similar technologies to tell us when you’re logged in to The Core. This lets us show you personalized views related to your interests and connect you with projects like those you may already have backed.
These cookies help protect your account from being accessed by anyone other than you, alert you and us when your account is accessed, and provide capabilities that allow us to disable any active sessions you have (for example, when you log out or change your password).
Some cookies help us provide localized experiences — for example, by making sure you see The Core. in your preferred language.
Site features and services
Performance cookies help us route traffic between servers and understand how The Core. is performing, so we can provide you with the best experience possible. We may use third party software development kits (SDK) in our mobile apps to collect information about activity in the app, the type of device and operating system it is running on and how the app is functioning. For example, an SDK may send us a report if the app crashes, and reports on which features of the app are used more than others.
Analytics and research
Social Media Platforms
Cookies and other technologies make interacting with social media platforms more seamless. For example, when you’re signed into social media accounts while you use our Services, these technologies enable you to share content with your social network or, in some cases, log in using your social media credentials. These features are usually controlled by the social media platform you are using and are governed by its separate privacy policies and the preferences you set with that service.
You can opt-out of online behavioral advertising. The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes, click here.
Certain choices you make are both browser- and device-specific.
You can also control certain cookies
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. Blocking or deleting cookies may prevent you from using most of our services. To find out more about how to enable, disable, or delete cookies from your web browser, please visit here. To control flash cookies, which may be used on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
Our Do Not Track Policy
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
Certain options you select are browser- and device-specific.
Site-Owner & Administration: Christopher Noelle
VAT-number: 52 251/1708
USt. IDNr.: ATU68763019
Mobile: + 49 173 2460713
Adress: Lessingstr. 6, 4020 Linz, Austria