General Terms and Conditions

Welcome to the Website of BORCH Editions ApS (“BORCH Editions,” “us,” and “we”). The following General Terms and Conditions (“GTC”) govern your use of this Website (“Website”). By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these GTC, our Terms and Conditions of Sale (“TCS”), and our Privacy Policy, that you agree to them and intend to be legally bound by them. Both, the TCS and the Privacy Policy are incorporated herein by reference as if set forth fully here. We may revise the GTC, the TCS or the Privacy Policy at any time, without notice to you, such changes to be effective immediately upon posting on the Website. If you do not agree to our GTC, TCS or Privacy Policy, you are not granted permission to access or use this Website and must exit immediately.

§ 1 Informational Purposes Only

1.1 The information on this Website is for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Without limiting anything else in these GTC or otherwise, BORCH Editions is not responsible for any errors or omissions in the Website or Website Materials. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Any reliance on the material on this site is at your own risk.

§ 2 Proprietary Rights

2.1 As between you and BORCH Editions, we own or license all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through our Website (“Website Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Material.
2.2 You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Under no circumstances will you have any rights of any kind in or to our Website, other than the right to use our Website in accordance with these GTC and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Website solely for such purposes without BORCH Editions’ written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other GTC or restrictions which may be applicable to the individual file, image or text.

§ 3 Unauthorized Activities.

3.1 You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including but not limited to any import, export and copyright laws); (b) modifying, adapting or hacking into our Website or for modifying another website so as to falsely imply that it is associated with BORCH Editions; (c) altering, editing, deleting, removing, changing the meaning or appearance of any of the Website Proprietary Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyright notices or any other proprietary notices on any Website Proprietary Contents; (d) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (e) contacting any other visitor of the Website who has requested not to be contacted; or (f) attempting to gain unauthorized access to BORCH Editions’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Website or any goods or services provided through the Website. We reserve the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these GTC, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.

§ 4 Third Party Websites and Content

4.1 The Website may contain links to third-party websites or services that are not owned or controlled by BORCH Editions or its affiliates. BORCH Editions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
4.2 You further acknowledge and agree that BORCH Editions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

§ 5 Mailing List

5.1 You may use our Website without registering or submitting any personally identifiable information. As a service, we offer visitors to our Website the opportunity to subscribe to the BORCH Gallery & Editions email newsletter (“Newsletter”). To subscribe to the Newsletter, you will be asked to submit your email adress and country (“Subscriber Information”). You may subscribe or unsubscribe at any time by following the instructions on the Newsletter.
5.2 The Subscriber Information shall be subject to our Privacy Policy (click here to view), which is incorporated herein by reference as if set forth fully here. You acknowledge and agree that you are solely responsible for the accuracy of your Subscriber Information.

§ 6 Disclaimer

6.1 BORCH Editions, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Website Proprietary Content or other items contained within our Website. We reserve the right to immediately remove or make changes to any Website Proprietary Contents for any reason or for no reason in our sole discretion. The Website, the Website Materials, and materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through our Website is made available “as is” and “with all faults.”
6.2 Your use of the website is at your own risk. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or noninfringement of copyrights or other third party proprietary rights.
6.3 We do not warrant that the website will provide continuous, prompt, secure, or error-free service. We make reasonable, ongoing efforts to revise and update the website, but assume no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the website.
6.4 We assume no responsibility, and shall not be liable for, any damages to, or viruses which may affect, your computer equipment or other property arising from your use of the website.

§ 7 Liability

7.1 In no event, including but not limited to negligence, shall BORCH Editions and its affiliates, subsidiaries or licensors, or any of their respective members, managers, directors, officers, employees, agent and contractors (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use our Website, the Website Materials, User Information, Subscriber Information, the services, products, information and other materials on and in and made available through our Website, regardless of legal theory, whether or not you or BORCH Editions had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.
7.2 Under no circumstances will the total liability of the Protected Entities to you or any other person or entity in connection with, based upon, or arising from the Website, the Website proprietary contents, User Information or Subscriber Information on, in, and made available through the Website, or the services, information, or products offered in connection therewith exceed the price of products purchased and paid for by you via the website in the preceding twelve (12) month period.
7.3 Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7.4 If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of BORCH Editions and its affiliates, subsidiaries or its licensors shall not exceed ten Euros (EUR 10).
7.5 If you are dissatisfied with our Website, or with any of these GTC, or feel BORCH Editions has breached these GTC, your sole and exclusive remedy is to discontinue using our Website.

§ 8 Indemnification

You shall indemnify, defend and hold the Protected Entities harmless against any and all claims, actions, suits, liabilities, costs, expenses, and other proceedings (including reasonable attorneys’ fees and disbursements) arising out of or incurred in connection with your use of our Website or products or services obtained through our Website, your fraud, violation of law, negligence or willful misconduct, or any other use of our Website, the Website Materials, the services, products, information and other materials on, in and made available through our Website, (except to the extent attributable to BORCH), or any breach by you of these GTC and shall indemnify and hold the Protected Entities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

§ 9 Complaint Procedures

9.1 If you believe that any content or postings on our Website violates your intellectual property or other rights, please send to BORCH Editions at info@nielsborchjensen.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

§ 10 Changes to these GTC

10.1 BORCH Editions reserves the right, at our sole discretion, at any time to modify, alter or update these GTC by posting updates and changes to our Website. You can review the most current version of the GTC at any time at this page. Your use of our Website following any changes means that you agree to follow and be bound by the GTC as changed. Any change to these GTC shall be effective as to any visitor who has visited our Website before the change was made. BORCH Editions reserves the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these GTC, for providing BORCH Editions with untrue or inaccurate information about yourself, for infringement upon BORCH Editions’ proprietary rights, or for any other reason whatsoever or for no reason.

§ 11. Governing Law and Jurisdiction

11.1 These GTC represent the entire agreement between you and BORCH Editions with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Denmark, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on our Website, you consent and agree to (a) the personal and exclusive jurisdiction of the federal and state courts located in the State of Denmark; (b) accept service of process by personal delivery, mail, or email; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

§ 12 Submissions to the Gallery

12.1 BORCH no longer accepts unsolicited submissions from artists. All unsolicited submissions will be will not be returned to sender.

§ 13 Miscellaneous

13.1 Our Website is not intended for children under the age of 13.
13.2 The Site is controlled and operated from within Denmark. Without limiting anything else, BORCH Editions makes no representation that our Website, Website Materials, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.3 The waiver or failure of BORCH Editions to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these GTC.
13.4 If any provision of the GTC 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 GTC remain in full force and effect. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these GTC or any provision hereof.
13.5 All rights not expressly granted by BORCH Editions herein are specifically and completely reserved.
13.6 When used herein, the words “include” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

Date: 30 March 2020