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GTC


Terms and Conditions

Last updated 09 September 2019

§ 1 GENERAL

(1) These Terms and Conditions apply to the free use of our website (hereinafter referred to as ARTITIOUS) and to all agreements concluded with you as our user (hereinafter referred to as “User”, “Artist”) via ARTITIOUS. The Terms and Conditions apply to entrepreneurs as defined in Section 14 of the German Civil Code (BGB) (“Entrepreneur”) as well as to consumers as defined in Section 13 BGB (“Consumer”). These Terms and Conditions do not apply to purchase contracts concluded on-site at a physical space of ARTITIOUS.

Our website is operated by Wurlitzer Architekten GmbH under the registered trademark ARTITIOUS ® , a german limited liability company with its registered office at Hermann-Löns-Strasse 12, 91413 Neustadt a.d. Aisch, Germany, managing director: Gudrun Wurlitzer, Registration number: AG Fürth (Bay) HRB 8753,

Postal Address:
ARTITIOUS / Wurlitzer Architekten GmbH
Mohrenstrasse 61,
10117 Berlin
Germany
(in the following: ARTITIOUS)

(2) By using the website of ARTITIOUS (currently available at artitious.com) you are agreeing to these Terms and Conditions and are hereby entering into a contract with ARTITIOUS. This contract is subject to the law of the Federal Republic of Germany. These Terms are the only terms that apply. We will not accept general contractual clauses, which deviate from these.
Communication with you or the provision of services by us will not implicate acceptance of any deviating general contractual clauses.
Please print out these terms as we will not store older contractual terms for you.
To use our services you must have full legal capacity and be at least 18 years old.

(3) These Terms and Conditions apply, unless an alternating clause has been explicitly made, irrespective of whether you are consumer, entrepreneur or merchant.

§ 2 SUBJECT MATTER AND DESCRIPTION OF SERVICES

(1) ARTITIOUS is an Internet platform which allows artists to upload content to an ‘artist profile’ and also to post news and events. All participating artists are selected by our board of art experts, the ARTITIOUS Content Board.
(See Artist Terms and Conditions)

(2) Collectors, curators, writers and galleries can register and thus have the possibility to comment on artist’s profiles, news or events.

(3) ARTITIOUS reserves the right, at its sole discretion, to modify, discontinue or terminate the site or services or to modify these Terms and Conditions, at any time and without prior notice.

§ 3 INTELLECTUAL PROPERTY RIGHTS, USERS OBLIGATIONS, EXTERNAL LINKS

(1) All intellectual property rights of context on ARTITIOUS (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by ARTITIOUS or the participating artists or galleries. You acknowledge that you do not acquire any ownership rights by uploading or downloading any information, accessing the website or using the services.

(2) Users shall not be permitted to unreasonably overload the technical infrastructure of ARTITIOUS.

(3) Users may not block, overwrite or modify any contents generated by ARTITIOUS or disrupt the ARTITIOUS website in any other way.

(4) The contents stored on the ARTITIOUS website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using “robot/crawler” search engine technologies or other automatic mechanisms.

(5) ARTITIOUS shall be entitled to block users’ accounts, if it is suspected that a user account is being used in a fraudulent manner or misused in other ways. ARTITIOUS will notify the user of the blocking, if the purpose of the blocking is not jeopardised by the notification.

(6) Our website includes links to external sites, which may include links to further sites. We are not responsible for the content of these sites or for anything provided by them.

§ 4 ELECTRONIC COMMUNICATIONS

We will communicate with you electronically by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically are legally binding, unless applicable laws require a different form of communication.

§ 5 DATA PROTECTION

We take your privacy rights very seriously. In addition to these Terms, You can find further information on the handling of personal data in our Privacy Policy.

§ 6 LIABILITY OF ARTITIOUS

(1) ARTITIOUS strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the ARTITIOUS website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. ARTITIOUS strives to limit the duration and frequency of these temporary interruptions.

(2) ARTITIOUS shall be liable for damage only in the event of intent and gross negligence on the part of ARTITIOUS or one of its vicarious agents. If ARTITIOUS or one of its vicarious agents breaches a fundamental contractual obligation in a manner that endangers the purpose of the contract, liability shall be limited to the typical damage that ARTITIOUS could reasonably foresee at the time of entering into the contract, unless the breach of obligation is intentional or grossly negligent.

(3) ARTITIOUS shall not be liable under section for lack of economic success, loss of profits and indirect losses.

(4) The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of ARTITIOUS.

(5) Any liability of ARTITIOUS for guarantees given and claims under the Sale Liability Act shall remain unaffected.

(6) ARTITIOUS is not liable for any false information found on the site. In regards to journal postings, event postings, comments and replies, ARTITIOUS holds no liability for the accuracy of information given. ARTITIOUS holds no liability over event activities, or what happens therein.

(7) While we do our best to ensure safety for all users, ARTITIOUS is not liable for any content. The report to ARTITIOUS of harmful postings, events, comments and replies are the responsibility of the user. We cannot be held responsible for any user-generated content. You use ARTITIOUS at your own risk.

§ 7 ARTISTS PROFILES

(1) ARTITIOUS retains the right to select which applicants are granted profile on our website. Once an application is submitted, ARTITIOUS will review it within a reasonable amount of time. Only professional artists will be granted a publication on ARTITIOUS, which includes the possibilities to upload content and create posts.
ARTITIOUS retains the right to determine if an applicant is of a high enough calibre to be featured on the site. If an application is denied, ARTITIOUS does not have to give an explanation for its decision. Applicants can re-apply after a reasonable amount of time.

(2) Unless otherwise specified, the contract shall remain open-ended until terminated by either the user or by ARTITIOUS.

(3) If you breach any of these Terms and Conditions, ARTITIOUS has the right to suspend or disable your account, at its sole discretion and without prior notice to you. ARTITIOUS reserves the right to revoke your access to the site and its services with or without cause.

§ 8 IMAGE RIGHTS / USE OF IMAGES / RIGHTS OF THIRD PARTIES

(1) The participating artist is hereby informed that for the publication of the provided photo-material a transfer of rights is required. The participating artist hereby confirms that they has the rights to the supplied photographs, and that they irrevocably authorizes the unlimited and unrestricted publication of these unaffected by time or location. You acknowledge and agree that the foregoing image/license rights are granted on a royalty-free basis.
Artists who’s image rights are handled by VG-Bildkunst have to inform them about the transferal of the rights to ARTITIOUS.
The photographer retains full ownership rights of the image.

(2) The participating artist hereby confirms that no rights of third parties are harmed through the uploaded photos of objects or locations.

§ 9 VALIDITY

The agreement keeps its validity if the website changes its name or holding.
In case of publication(s) the participating artist will not make any claims against ARTITIOUS or third parties (for example publishing company, provider, Webmaster).
Both contract parties are entitled to store the image material without any limitation in time and location, modified or unmodified and in physical or digital form.

§ 10 OBLIGATIONS OF THE ARTIST / SUBSCRIBER

The participating artist/subscriber is obligated to provide the necessary data completely and correctly and to provide notification of changes without delay. This applies, in particular, to address details and the email address.

The artist/subscriber shall ensure that his or her domain(s) and content on ARTITIOUS do not breach statutory regulations or third party rights.

The artist/subscriber agrees not to upload any content to ARTITIOUS or post comments that are of an extremist nature, content that is pornographic, violent or that glorifies violence, racist, discriminatory, harmful to minors or seditious, nor content that incites criminal activity or instructs such acts. This also applies to content made available via hyperlinks or other links that the artist provides to sites of third parties.

As an artist/subscriber of ARTITIOUS, you agree to the following safety terms:

A breach of any of these safety terms is just cause for your account to be disabled.

As participating artist, it is your responsibility to report inappropriate content. Upon receiving an valid report, we will evaluate the situation and take action within a reasonable amount of time. If the report is deemed not valid or otherwise unnecessary, we maintain the right to dismiss the report.

§ 11 INDEMNITY

The participating artist shall compensate ARTITIOUS for all damage arising from a breach of the foregoing provisions where the artist is responsible for the breach. The compensation shall also comprise the costs of any necessary legal defence. ARTITIOUS shall inform you without delay if a third party assert such claims against them and shall give you the opportunity to respond.

Contacting ARTITIOUS:
If you have any questions about these Terms, please contact ARTITIOUS at contact@artitious.com. We will respond to all inquiries