Terms & Conditions
Please read carefully this document entitled Terms and Conditions (“T&C”) which sets out the general terms and conditions for using The VandalList website (hereinafter referred to as the “Website” or ”The VandalList”). These T&C are a binding legal agreement between you (”User”) and our Website.
1. Our Mission
The VandalList offers an online platform which enables Users to benefit from a wide range of art products and services (hereinafter referred to as ”Products” or ”Services”) provided by content creators and art developers (hereinafter referred to as ”Art Providers”). The mission of The VandaList is to facilitate such Products or Services to Users, by easily accessing, monitoring, selecting and purchasing the Products or Services by the Users. However, the VandalList is not responsible for the delivery process, including purchasing, shipping, costs, fees and taxes, and any other applicable terms and conditions of the purchasing and delivery. The VandalList only connects Users and Art Providers, while all obligations related to purchasing and delivery of the Products and Services shall be under the burden of Art Providers, according to their own Terms and Conditions.
2. Acceptance of T&C
By using the Website and any of the functions offered through the Website, you acknowledge and accept these T&C. In order to use the Website in good conditions, you have the obligation to read carefully and comply with the T&C, as well as any other relevant policies of the Website. In the event you do not agree to these T&C, please do not use the Website.
3. Modification of T&C
The VandalList reserves the right to unilaterally change at any time the T&C applicable to the use of the Website, as well as any other relevant policies. Continuing to use the Website in any way, by accessing or not any function offered through the Website after changing the T&C, represents your acceptance of the changes made. The modified T&C will apply to any use of the Website or any of the functions incorporated therein from the day of such modification.
The last update of the T&C related to the use of the Website was made on 17 October 2021.
4. Website Accessibility
The Website can be freely accessed from any of the Internet browsers, both from your phone or your computer. The VandalList shall not be held liable for any lack of functionality, improper operation or difficulties that you may encounter in connection with the usage of the Website.
5. Website Usage and Registration
The Website is free-cost and does not require you to open and account for the scope of visiting the Website and its functionalities. In order to be able to purchase Products or Services, you will be requested to open a User account (hereinafter referred to as the ”Account”), by registering with your username, email address and password, and by further logging in with your email address and password.
You are fully responsible for maintaining the security and confidentiality of the Account and password and are responsible for all your activities and conduct, including of any other person acting within the Website through your Account. You agree to notify The VandalList immediately of any suspicion of unauthorized use of the Account or of any suspicion of a possible security breach. The VandalList will not be liable for any loss or damage of any kind that may arise as a result of the use of the Account by another person, with or without your permission. You are liable for any loss caused by The VandalList or any third party as a result of the use of the Account by another person.
You are obliged to provide real, accurate and complete data as indicated in the registration section and to renew, whenever necessary, the registration data to be real, accurate and complete at any time.
In case of fraud or violation of any applicable laws, the deletion of the Account will be done without notice or any other formalities and without compensation.
6. Website Functionalities
The ValdalList intermediates the herein-mentioned Products and Services:
- DISCOVER – the Website provides a virtual gallery with over 2000 artists, from painters to muralist, illustrators and painters.
- WATCH – the Website provides weekly video series serving up for promoting artists and showcasing the latest news in worldwide arts and sounds.
- COLLECT – the Website provides a space for artists to sell their work, as well as for the art diggers to cop the good-goods, curated by The VandalList.
LISTEN – the Website provides the latest and most fire Hip-Hop Jams, Afrobeats, and Eclectic Soul, streaming in over 100 countries.
7. Payment Method
In order to use the payment function made available within the Website, you can register in your Account with your PayPal credentials.
In the case of payments made through the Website, the payment amount will be withdrawn from your PayPal account after ordering a Product or Service. However, The VandalList is not responsible for any of the problems arising out of the purchasing and delivery process, such obligations being under the burden of the Art Providers. The VandalList only connects you with the Art Providers of interests.
All payment transactions within the Website shall be performed according to the terms and conditions applicable for each of the Art Provider as the guarantor of security in terms of making online payments and undertaking to protect all personal data and information related to online payment methods.
You guarantee The VandalList that the use of the chosen means of payment does not violate any applicable law. The VandalList reserves the right to suspend / cancel any purchasing on which there are suspicions regarding any illegal or fraudulent action regarding the method of payment, without any compensation or notification.
If a Product or a Service purchased by you cannot be provided by Art Providers, please contact the Art Providers.
8.Affiliated Websites / Platforms
The Website does not contain references or links to other websites / platforms belonging to Art Providers or other third parties, for the use of which specific terms and conditions will apply, as specified on the respective websites / platforms. The VandalList shall not be responsible and shall not assume any obligation for the content of the websites / platforms belonging to Art Providers or third parties.
You declare, acknowledge and agree to indemnify, defend and release from any liability, loss, claim and expense The VandalList, including but not limited to, taxes and costs, reasonable claims relating to lawyers in connection with or resulting from: (i) a breach of these T&C, or any other relevant policies, in particular those relating to privacy; (ii) improper use of the Website; (iii) breach or infringement of copyright or any other intellectual property rights or any other rights of third parties by infringing the intellectual property provisions of these T&C.
The VandalList will indemnify you for direct damage caused as a result of (i) breach of these T&C, (ii) culpable actions committed with intent or gross negligence by The VandalList employees/ staff. In these two cases, the remedies provided for in these T&C shall apply as a matter of priority.
You must follow these rules and must not help or induce others to break or circumvent these rules:
- Do not scrape, hack, reverse engineer, compromise or impair The VandalList.
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Website.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Website.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Website.
- Only use the Website as authorized by these T&C.
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
The content of the Website is protected by the applicable laws on intellectual property rights, as well as any other applicable laws or regulations under which the content or part of the content is protected by copyright. All possible texts, formats, images, graphics, animations, diagrams, tools, applications, music, sounds, articles, copies, materials, photographs, trademarks, names and the logos, as well as any other materials and information in this Website are protected by the intellectual property rights of The VandalList, as an intermediary platform, as well as of the Art Providers (hereinafter referred to as “Content”). The content may not be copied, reverse engineered, decompiled, disassembled, modified, sold, published on other websites, framed, exchanged, distributed, redistributed, licensed, sub-licensed or transferred in any form by any User. None of the elements of the Website will be considered to grant directly, implicitly, or in any other way, any license or right to use, for any purpose the Content, in whole or in part. The trademarks, logos, emblems and trade names displayed in the Website belong to The VandalList and / or to Art Providers. Nothing in the Website shall be construed as granting, directly, by default, or otherwise, any license or right to use any trademark displayed in the Website.
You declare and understand that any unauthorized use of the Content, trademarks or any part thereof constitutes an infringement of the intellectual property rights of The VandalList and / or Art Providers and will result in their exercising all legal remedies.
You may not access or use the Website in any way that could or is intended to harm or affect the Website, or any server or network underlying the Website, or to interfere with the use and right of any other person or entity to use the Website.
The VandalList shall not be liable for any delay or failure to perform resulting from any external event, unpredictable, absolutely invincible and inevitable, such as acts of God, war, terrorism, riots, embargoes, acts of civil and military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy etc.
Neither party will be liable for non-performance of its obligations under these T&C, if such failure to perform properly and / or on time, in whole or in part, is due to an event of force major.
You may terminate this agreement at any time by sending us an email or by deleting your Account. The VandalList may terminate this agreement and your Account for justified reasons by giving you 30 days’ notice via email. The VandalList may also terminate this agreement immediately and without notice and stop providing access to the Website if you breach these T&C, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect The VandalList, its Users, or third parties.
If (i) you breach these T&C and our Policies; (ii) you violate applicable laws, regulations, or third-party rights, or (iii) The VandalList believes it is reasonably necessary to protect the Website, its Users, or third parties; The VandalList may, with or without prior notice suspend or limit your access to or use of the Website and/or your Account.
The VandalList may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
The VandalList collects through the Website the Users’ personal data, according to the applicable rules and regulations.
For any information regarding the Website you can contact The VandalList by sending an email to the address available within the Website.
The VandalList undertakes to respond to all requests within a maximum of 10 working days from their receipt. If the request concerns a Product / Service provided by an Art Provider, The VandalList will send such request to the Art Provider, and the term can be extended up to 10 working days.
16.Complaints and Disputes
These T&C are subject to Romanian law. In case of disputes, you will be able to submit complaints by sending an email to the address available within the Website, in order to reach an amicable settlement.
The VandalList undertakes to respond to all complaints within a maximum of 10 working days from their receipt. If the complaint concerns a Product or a Service provided by the Art Providers, The VandalList will send this complaint to the Art Provider, and the term can be extended up to 10 working days. The VandalList is not responsible in any way for any complaint regarding the Products or Services provided by the Art Providers. In the event no amicable agreement has been reached between the parties, the disputes will be resolved by the competent courts or through arbitration proceedings, as indicated below.
17.Applicable Law and Jurisdiction
17.1. These T&C are governed by and construed in accordance with Romanian law. If you reside or have your place of establishment outside of the United States and China, this Section applies to you and these T&C will be interpreted in accordance with Romanian law. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Romanian courts. Legal proceedings that you are able to bring against us arising from or in connection with these T&C may only be brought in a court located in Romania or a court with jurisdiction in your place of residence. If The VandalList wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
17.2. If you reside or have your place of establishment in China, these T&C are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these T&C or use of the Website shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English.
17.3. If you reside or have your place of establishment in the United States, these T&C will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.