Terms of Use

Last Update: January 2023

Welcome to our TOU, please read carefully before accessing or using this website
These Terms of Use apply to you if you want to purchase licenses for photos and/or illustrations and/or other designer work available on our Store or simply #ArtBank; if you request our services; or if you Auction to purchase license illustrations from our Gallery (Home Page); or if you purchase any illustration as an online donation directed only to our artist (Diana Roca), not to our Company.
By using www.art.dianaroca.com, you’re agreeing to these terms.

1. Acceptance of Terms

WORKAHOLIC MONKEYS LLC, as data controller, is responsible for processing the personal information on the Website: Data Protection https://anpc.ro/
WORKAHOLIC MONKEYS LLC. is the owner, as the “Company” (or “we” or “us” our”), and, therefore, responsible for the project indicated below, including any of their subdomains or sections (hereinafter, “Website” or “Site” as corresponds):
www.art.dianaroca.com
1.1. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that WORKAHOLIC MONKEYS LLC (“art.dianaroca.com”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
1.2. The Company may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page to view the then-current terms. If you breach any of the Terms of Use, your access or use of this Site will be automatically terminate.

2. Access and Use of Services

2.1 As a visitor or customer, you may search photos, templates, vectors and images ( or “illustrations”) available on art.dianaroca.com (“Content”), acquire licenses to use Content, and download Content for test purposes.
2.2 You may only access the Services through the interface provided on the Site, at the Request Services page. You must not resell, transfer or otherwise provide any of the Services to any third party.

3. Intellectual Property

3.1 Subject to your compliance with these Terms of Use, any applicable license agreement with the Company, and the law, you may access and use the Site. Our Artist and the Company remains the sole owners of all rights, titles, and interests in the Site and reserves all rights not expressly granted under these Terms of Use. The Company may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in sole discretion.
3.2 All content on this Site, including but not limited to Images, Design Work as Vectors or Templates, Paintings Screenprint, and related metadata (collectively the “art.dianaroca.com Content”), as well as the selection and arrangement of the art.dianaroca.com Content, are protected by copyright, potentially trademark or patent or trade secret and other intellectual property laws and treaties. Any unauthorized use of any art.dianaroca.com Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and the Company, we do not grant any express or implied permission to use the Site or any art.dianaroca.com Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any art.dianaroca.com Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or art.dianaroca.com Content.
3.3 Unless you enter into a license agreement with art.dianaroca.com you may not download, distribute, display and/or copy any art.dianaroca.com Content.
3.4 However, before purchasing a license, you may download Content in low resolution and with watermarks for test purposes (“Download Image Free”), if available and limited to a 30-day test period. When you download such Image Free, you guarantee that you do not use the respective Content for any other purposes than to assess the suitability for a specific project or to obtain internal permission to purchase a license. You also agree to delete the file and any copies from all storage media after such test use. For any further use you must acquire a corresponding license. art.dianaroca.com does not guarantee unlimited availability of all Content for licensing after such test download.
3.5 You may not remove any watermarks or copyright notices contained in the art.dianaroca.com Content.

4. Licensing of Content

4.1 If you want to use Content from our Site, you need to purchase a license. Therefore, you need to select the appropriate license from the available license types (i.e. the license that suits the purposes you would like to use the Content for) and add it to your shopping cart. In case of questions concerning the extent of usage of each license type offered, you may visit our Q+A page or reach out to privacy@dianaroca.com.
4.2 To complete the purchase process, you must provide your official personal data, and register as our client in our database, and additionally provide your payment information (name, company name, VAT number, address) and payment method.
4.3 The license fees are due immediately plus the applicable taxes and can be paid via the payment system offered by our Website (e.g. credit card). The license rights are only transferred upon full payment.
4.4 By clicking on the “Buy License” or “Order Image” button, you declare a legally binding offer to purchase the license(s) you have selected and you accept these Terms of Use, the Privacy Policy and the Terms of Service in effect at the time of purchase. These documents can be viewed at any time on our website and are linked in the purchase process.
4.5 We accept your offer by making the requested Content available for download. With this acceptance we enter into a license agreement which is further subject to the applicable License Agreement or Terms of Service of this Site or art.dianaroca.com. You will also receive an order confirmation by email, which contains links to download the purchased Content and corresponding invoice. Please note that the links may have a limited validity. However, you can access your purchased Content and invoices at anytime, from our database, if you submit a contact form with the subject and/or title [ My Licensed Content ]
4.6 If you purchase a license as a consumer, not business, you have a statutory right of withdrawal. Detailed information about such right is included in our TOS.
4.7 The Company may change the available license types and License Agreement(s) at any time with effect for the future. Therefore, please check before each new license purchase whether the License Agreement have been modified. For clarification, any change in the License Agreement does not affect any previously purchased licenses.

5. Content

5.1 All rights, title and interest in and to content featured or displayed on our Website, including – but not limited to– photographic images, AR images, Paintings in acryl or other technique, sound, illustrations, text, graphics, books, data, metadata, software, trademarks, logos etc., as well as the selection and arrangement of the content is owned by the Company, the Artist Diana Roca, the Company’s business partners and are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

6. Payment

6.1 The Site is free to use, and does not require to be registered with an account or a subscription. However, if you wish to use any services or wish to purchase any products available on the Site, you agree to pay us the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments from Auction Registration must be made in advance.

7. Payment Options

7.1 You may pay us through the payment options made available on the Site and/or through the Payment Links from Stripe or Revolut Business. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If the Company allows you to pay the Company directly via credit card, then you authorize the Company to charge all amounts to the credit card number you provide to the Company. If your credit card payment is rejected or refused you will immediately pay the Company the amount due and provide the Company with an alternative credit card number for future payments.
7.2. You represent and warrant to the Company that each credit card you use for payment to the Company either belongs to you, and you have the right to charge all such payments on the credit card(s).

8. Store or #ArtBank and our Gallery Collections

8.1. Art.dianaroca.com Store or (the “#ArtBank”) is a feature that allows you to purchase Content through the Site. There is one type of product now, or may in the future be more available for sale through the Store, i.e.: Digital Products.
8.2. The Company is the only representative for any piece of artwork the artist Diana Roca creates, thus we will make available in the future Screenprints representing her Artwork, which is only available in showrooms. On the Site Gallery we only showcase and present the artist and the artwork she creates, and on rare occasions we may choose to exhibit Collections of traditional paintings.
8.3 The Site Gallery exhibits mostly Collections created with the aid of AI (text-to-image generator), through text prompting and always digitally painted by Diana Roca. All concepts are started from hand sketches, references and a dose of inspiration that attest the originality of each item from any series we may choose to showcase in Site’s Gallery.

9. Infringement Claims

9.1 If you believe that any Image or other material made available by the Company infringes upon any copyright that you own or control, you may notify the Company in the manner set forth in our Copyright Infringement Notice Policy.

10. Interruptions/Errors

10.1 Your use of the Site might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.

11. Termination

11.1 Without prejudice to any of our rights at law or equity, the Company may terminate your access to the Site and block your IP address with no prior notice if you fail to make a payment to the Company as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue.

12. Site Contests

12.1 We may provide contests on the Site. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.

13. Disclaimer

THE SITE, THE ART.DIANAROCA.COM CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WORKAHOLIC MONKEYS DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE ART.DIANAROCA.COM CONTENT, AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability

YOU USE THE SITE, THE ART.DIANAROCA.COM CONTENT, AND THE SERVICES AT YOUR OWN RISK. WORKAHOLIC MONKEYS WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE ART.DIANAROCA.COM CONTENT, AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, WORKAHOLIC MONKEYS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, THE ART.DIANAROCA.COM CONTENT, OR THE SERVICES.

15. Indemnification

15.1 You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Artist Diana Roca and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the art.dianaroca.com Content, or your violation of any rights of another.

16. Governing law

16.1 Any dispute or claim by you arising out of or related to this Agreement will be governed by EU law and Romanian law, exclusive of its choice of law rules. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the Superior Court of Bucharest, Romania, or, if federal court jurisdiction exists. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Digital Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.

17. Miscellaneous

17.1 No delay or failure to act by Workaholic Monkeys regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This TOU supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and partially the Services. You must not assign or sublicense this Agreement (or “TOU”) or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Workaholic Monkeys may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will endure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Workaholic Monkeys will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement (“TOU”).