Terms and Conditions of Use
Agreement to terms and conditions of use, including author's copyright
« STEFAN-WEST.com » (the “website”) is made available by STEFAN RIPPERGER (aka Stefan West (artistname)) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content” and "Contents") may be used solely under the following legally binding terms and conditions. (“Terms and Conditions”).By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with my Privacy Policy, govern STEFAN RIPPERGER's (aka STEFAN WEST's (artist name)) relationship with you in relation to this website: stefan-west.com.
These Terms and Conditions are effective immediately and dated 28 April 2023.
PLEASE READ CAREFULLY
This Terms and Conditions Agreement (“Agreement”) is a legal agreement between you and Stefan Ripperger (aka Stefan West (artist name)) providing, among other things, the terms and conditions for your access to and use of this website www.stefan-west.com and the Content.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR THE CONTENT.
THIS TERMS AND CONDITIONS CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
Minors (persons under the age of 18) are not eligible to use the website unsupervised and minors are asked do not access or use the website or submit any personal information. By using the website unsupervised, you warrant that you are 18 years of age or older.2. TERM
This Agreement will remain effective until terminated by me.I may terminate, change, suspend or discontinue any aspect of the Web Site at any time. I may restrict, suspend or terminate your access to the Web Site if in our sole judgment I believe you are in breach of my terms and conditions or applicable law, or for any other reason without notice or liability. I maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
3. USER INFORMATION
You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, Our information collection and usage policies with respect to such User Information are set forth in the Privacy Policy.4. SITE INFORMATION/ERRORS, INACCURACIES AND OMISSIONS
I try to ensure that the information posted on the website is correct and up-to-date.Occasionally there may be information on the website that contains errors, inaccuracies or omissions. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
I undertake no obligation to update, amend or clarify information in the website. No specified update or refresh date applied in the website, should be taken to indicate that all information in the website has been modified or updated.
5. PROHIBITED ACTS
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.6. PRIVACY POLICY
My personal information practices on the website are governed by the Privacy Policy (accessible via website's footer navigation).7. LICENSE TO USE THE WEBSITE
IMPORTANT: By entering this website you are agreeing to be bound by the terms of this agreement.I, Stefan Ripperger (aka Stefan West (artistname)) grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website and its Content according to this Agreement. I, Stefan Ripperger (aka Stefan West (artistname)) reserve all rights, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
ANY USE OF THIS WEBSITE OR CONTENT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
All photographs and text appearing on this website (including all of its pages) are the exclusive property of Stefan Ripperger (aka Stefan West (artist name)) (except where stated otherwise) and are protected under international copyright treaties and other related conventions, including current EU laws, newer EU directives (Guidance on Article 17 of Directive 2019/790 on Copyright in the Digital Single Market) or related conventions, German Copyright Law (UrhG), United States of America Copyright Law (Copyright Act —Title 17 of the United States Code Section 102, Section 102(5), Section 106), S.A.R. Hong Kong Copyright Ordinance (ss177(1)(a), 177(1)(b) and 178) and Copyright Law of the People's Republic of China (such as articles 2, 3, 6, 9, 20, 22, 24, 26, 27).
This website, including all its pages and their contents are also subject to German copyright law (UrhG).
Unless expressly permitted by law (German law: § 44a et seq., § 53 Paragraph 1 UrhG, also § 58, § 59, § 60, § 60a et seq., UrhG, 19a UrhG; EU law: Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’); USA law: 17 U.S. Code § 107; S.A.R. Hong Kong law: Copyright Ordinance ss30; People's Republic of China law: Copyright Law (fair use policy, article 22)) every form of utilizing, reproducing or processing works subject to copyright protection on this website requires the prior written consent of the respective owner of the rights.
Unauthorized utilization of copyrighted works is punishable under the German copyright law (§ 106 ff UrhG and § 97 UrhG); EU Copyright Law (TRIPS Agreement and the Enforcement Directive (IPRED article 3)); USA Copyright Law (17 U.S. Code § 504); S.A.R. Hong Kong Copyright Ordinance (Division VI); Copyright Law of the People's Republic of China (Articles 24, 27, 28, 29, 32, 46). Any perpetrator will receive a chargeable warning, and must pay remedies (such as compensation for damages, account of profits, award of costs) under the applicable laws.
It is therefore prohibited to make personal copies available to the public.
The provided images/photographs of this website including all pages are made available for individual, i.e. personal viewing pleasure. The purpose of this website is a showcase of the photographic and artistic works of Stefan Ripperger (aka Stefan West).
EXPLICIT PERMISSION IS REQUIRED FOR NON EDITORIAL, COMMERCIAL, EDITORIAL USAGE. NO DERIVATIVES ARE ALLOWED. ATTRIBUTION IS REQUIRED UNLESS PERMITTED OTHERWISE. LICENSE FOR EDITORIAL USE MIGHT BE REQUIRED CASE TO CASE. LICENSE IS REQUIRED (INCL. PAYMENT OF LICENCE FEES) FOR COMMERCIAL OR NON-EDITORIAL USE.
Copying, reproducing, downloading, posting or re-posting any content from this website for anything other than strictly personal, non-public and non-commercial use, is strictly prohibited and constitutes a violation of copyright laws, unless stated otherwise by fair use provisions in the respective territorial Copyright Law.
Permission is explicitly denied for any (re-)publication, alteration or use of text, images, artworks or photographs on this website without the prior express written consent of the author/creator, Stefan Ripperger (aka Stefan West (artistname)). This includes publishing in print, duplicating, reprinting, exhibiting, attributing, broadcasting, screening, projecting, compilating, alterating, reproducing, displaying or using in apps and on the internet for commercial (non-editorial, non-personal) or editorial purposes.
None of the contained images/photographs are within the Public Domain. The images/ photographs made available on this website (including all respective pages, and social media accounts) may not be copied, reproduced, reprinted, redistributed, broadcasted, attributed, used without attribution, compilated, altered, displayed, projected or displayed in public screenings, used or manipulated in any way without the prior express written consent of Stefan Ripperger (aka Stefan West), unless stated otherwise by fair use provisions in the respective territorial Copyright Law.
Permission to link to this website from your web page is freely given. Direct linking to images/photographs on this website is strictly prohibited.
Any provided License in writing can temporarily override, amend, reduce or waive some of the herein included provisions, but only if explicitly stated therein.
8. THIRD-PARTY LINKS
The website may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. I am not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. GENERAL
9.1 The Terms of Use, and the relationship between you and me, shall be governed by the laws of the State of Berlin, Federal Republic of Germany. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in in the State of Berlin, Federal Republic of Germany. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Berlin.Copyright infringement within territorial boundaries or infringement related disputes may be governed in the respective territory, in which the infringement occured and/or the infringing perpetrator resides in, if applicable.
My failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
9.2 No failure by me or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by me will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.
9.3 The section headings are for convenience only and will not be used to interpret this Agreement.
9.4 This Agreement will be binding upon and will inure to the benefit of Stefan Ripperger (aka Stefan West (artistname)) and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this website, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement.
9.5 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination.
9.6 General Contact Information. For questions regarding this website please rely on the contact information provided in the Imprint.
10. Severability
In case any provision in this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.11. Acknowledgement of Terms and Conditions
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ME AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN ME RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.12. Disclaimers
UNLESS PROHIBITED BY LAW, THE WEBSITE AND THE CONTENT, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND I EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, I DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS (D) THE UNAVAILABILITY OF THE WEBSITE OR THE CONTENT (E) YOUR USE OF THE WEBSITE OR THE CONTENT, (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE CONTENT.I do not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
You agree that from time to time I may remove the website for indefinite periods of time or cancel the website at any time, without notice to you. You expressly agree that your use of, or inability to use, the website is at your sole risk. The website is (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.