Terms & Conditions

Welcome to Artconnect. Artconnect is an online network for visual artists, creative professionals, companies, and art lovers. It makes it easy to engage and connect with the local creative scene, and to find and share new job offers, events, projects or creative spaces. The online magazine covers a wide range of your creative scene, selects local highlights, and reports on meaningful exhibitions, projects and artists. On top, our shop offers the possibility to buy selected artworks of featured artists.

These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Artconnect Berlin UG (haftungsbeschränkt), Hermannstr. 229, 12049 Berlin (Germany) (“Artconnect” or “we” or “our” or “us”) that governs your access to and use of our website, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

 

1 . Basic Terms

1.1 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.

1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.

1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.

1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at http://www.artconnect.com/terms. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used in accordance with our Privacy Policy and these Terms.

1.5 You will need to register for an Artconnect account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

1.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.

1.7 The permission we give you to register for an Artconnect account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Artconnect account, or any access to or use of our Services, to any third party.

1.8 We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.

1.9 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an Artconnect account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.

1.10 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.

2. Definitions

In these Terms:

  • “User” means any person or entity that accesses or uses our Services in any way, whether or not they register for an Artconnect account, including you.
  • “Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both Artconnect Content and User Content.
  • “Artconnect Content” means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
  • “User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
  • “Your User Content” means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.
  • “on our Services” means on the Artconnect website
  • “including” means “including but not limited to” unless we specifically indicate otherwise.

3. Ownership

3.1 All Content is owned by Artconnect or by others who have licensed their Content to us, and is protected by national and international copyright laws, trademark laws, and/or other proprietary rights and laws.

3.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Artconnect or third parties in Germany and/or other countries.

3.3 As between you and Artconnect, Artconnect owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Artconnect Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.

3.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.

3.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Artconnect or any third party, whether by implication or otherwise.

3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.

3.7 We welcome feedback, comments and suggestions about our Services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.

3.8 We reserve all rights not expressly granted to you in these Terms.

4. General Content Terms

4.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.

4.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your Artconnect User experience, in accordance with the normal functionality and restrictions of our Services.

4.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.

4.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.

4.5 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.

4.6 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.

5. User Content and Communications

5.1 Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.

5.2 We do not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

5.3 You acknowledge that we have no obligation to review or screen any User Content, and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.

5.4 Some User Content may be marked as “featured” (or marked with other similar language) when it is provided on or through our Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by us.

5.5 We reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Artconnect, you, or others.

5.6 We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.

5.7 You acknowledge that you are in the best position to know if Your User Content may be used in connection with our Services. You are solely responsible for ensuring that Your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.

5.8 By submitting, posting, publishing or otherwise providing any User Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.

5.9 Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.

5.10 We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.

6. Open Access Images

6.1 Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our Services (“Open Access Images”). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licenses).

6.2 In order to notify you which images are Open Access Images, we will provide a button marked “Download Image” (or an equivalently marked image downloading tool) with each Open Access Image on our Services (“Image Downloading Tool”). Where available, the Image Downloading Tool will be provided on the listing page for the artwork or other object depicted in an Open Access Image. Please note that if we do not provide an Image Downloading Tool with an image on our Services, that image is not considered an Open Access Image under these Terms.

6.3 You may download Open Access Images from our Services using the Image Downloading Tool that we provide, and you may use Open Access Images without restriction, subject to any applicable laws, and any applicable third-party rights and conditions. However, please note that this permission applies only to any rights that Artconnect itself may have with respect to the use of Open Access Images.

6.4 We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights).

6.5 When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.

6.6 To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.

6.7 You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.

7. Buying items on Artconnect

7.1 We operate an Integrated Checkout service, allowing you to add multiple items to your shopping basket and checkout all these items on shop.artconnect.com. In order to process these payments we will need to share your personal data, shipping details and, in some cases, payment details that are related to such transactions with our partners. The personal data, shipping details and payment details you provide to us will be collected, stored and processed in accordance with our Privacy Policy.

7.2 For transactions we might use a third party payment process provider called Stripe. When you place an order via our Integrated Checkout in respect of which Stripe processes payments, Stripe will use your credit card to process the transaction. For any transactions processed by Stripe, we will provide Stripe with the details of your card as well as your billing information. All billing and customer information transmitted by Artconnect will be fully encrypted and only used to process card transactions which you have initiated. When placing an order on Artconnect via our Integrated Checkout in respect of which Stripe processes payments you will need to accept Stripe’s terms and conditions. Please make sure that you carefully review Stripe’s full terms and conditions before completing a transaction on our Integrated Checkout service. Stripe’s full terms and conditions are available here.

7.3 For transactions we might as well use a third party payment process provider called PayPal. When you place an order via our Integrated Checkout in respect of which PayPal processes payments, PayPal will use your data to process the transaction. For any transactions processed by PayPal, we will provide PayPal with the payment details as well as your billing information. All billing and customer information transmitted by Artconnect will be fully encrypted and only used to process card transactions which you have initiated. When placing an order on Artconnect via our Integrated Checkout in respect of which PayPal processes payments you will need to accept PayPal’s terms and conditions. Please make sure that you carefully review PayPal’s full terms and conditions before completing a transaction on our Integrated Checkout service. PayPal’s full terms and conditions are available here.

7.4 Currently, the following payment methods are available: credit card payment, PayPal and bank transfer.

8. General Restrictions

8.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

  • submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
  • create a false or misleading Artconnect account or User profile with inaccurate or untrue information;
  • use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
  • use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
  • collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
  • access our Services by any means other than the interface and instructions that we provide;
  • access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
  • breach, disable or circumvent any security or authentication measures on or in connection with our Services;
  • interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;
  • decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
  • adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
  • use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
  • mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
  • use any meta-tags or other hidden text or metadata containing any Artconnect trademark, service mark, product name, or URL without our express prior written permission;
  • use any Artconnect trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
  • use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Artconnect trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
  • remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

8.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate

and prosecute violations of these Terms to the fullest extent permitted by applicable law.

 

9. Right of Revocation for Consumers

Cancellation Policy / Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is 14 days from the day of conclusion of contract.

In order to exercise your right of revocation, you must inform us

Artconnect Berlin UG (haftungsbeschränkt)
Hermannstr. 229
12049 Berlin
Germany

E-mail: shop@artconnect.com

about your decision to revoke this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). For this you may use the attached sample revocation form, which is, however, not mandatory.

To keep within the revocation period, it is sufficient to dispatch the notice about enacting your right of revocation before the expiration of this revocation period.

Consequences of Revocation

If you revoke this contract, we must promptly, and no later than fourteen days from the day we received your notice of revocation, pay back all payments we have received from you, including shipping costs (with the exception of additional costs that arise from you having chosen any other form of shipping than the cheapest standard delivery we offer). For this repayment we use the same means of payment that you used in the original transaction, unless other explicit arrangements have been made with you. In no case will we charge fees for this repayment.

If you have requested that the service start during the revocation period, you will be required to pay us an amount that corresponds to the proportion of the services that have already been rendered at the time you notified us of your intention to exercise your right of revocation, compared to the overall scope of services included in the contract.

Special Instructions

The right of revocation expires for a contract to render services in the case that the contractor has fully rendered the services, and only started performing these services after the consumer has given their explicit approval and at the same time has confirmed their knowledge that their right of revocation will expire in the case of a complete rendering of the services by the contractor.

End of the Cancellation Policy

10. Other Websites and Services

10.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

10.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

10.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

10.4 You acknowledge and agree that the Artconnect Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

11. Disclaimer of Warranties

11.1 You acknowledge and agree that your access to and use of our services is at your own risk, and that our services are provided to you on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, with respect to our services or any content, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade, all of which artconnect and our officers, owners, directors, consultants, agents, and employees (collectively, the “artconnect parties”) expressly disclaim to the fullest extent permitted by applicable law. The artconnect parties make no representations or warranties of any kind, express or implied, that our services or any content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete, free of errors, safe, secure, or free of viruses or other harmful components, or that the use of our services in any way will give rise to any specific results. Applicable law may not permit the exclusion of implied warranties, so some of the exclusions in this section may not apply to you.

11.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Artconnect Parties will not be responsible for those costs or losses, and we urge you to backup your data at all times.

11.3 No advice or information (whether oral or written) obtained from the Artconnect Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

12. General Release

12.1 We may provide rules for using our Services, but the Artconnect Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.

12.2 To the fullest extent permitted by applicable law, you release the artconnect parties from all claims, demands, suits, damages (actual and consequential), losses, liabilities, and expenses (including attorneys’ fees), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with: (i) any disputes between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services; (ii) any user content or conduct, performance or non-performance (whether online or offline) of any other user or other third party in any way connected with our services, including any defamatory, misleading, offensive or unlawful conduct or user content, or any unauthorized access to or use of our services, your account or your user content and/or information; (iii) any artwork or other property exhibited, listed, marketed, offered for sale, or sold (whether online or offline) by any other user or other third party on, through, or in any way connected with our services; or (iv) any communications, interactions or meetings (whether in person, online or otherwise) between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services. You expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of entering into this release.

13. Limitation of Liability

13.1 Under no circumstances will any of the artconnect parties be liable to you or any third party for any indirect, incidental, exemplary, punitive, special, or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with: (i) these terms; (ii) our services; (iii) the use of or inability to use our services; (iv) any conduct, performance or non-performance (whether online or offline) of any other user or other third party on or in connection with our services; or (v) any content, goods or services made available on, through, or in any way connected with our services (whether online or offline) by us or any other user or other third party. Under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services exceed the greater of one hundred euros (€ 100,00) or the total amount you paid us (if any) to use our services in the six (6) months before the event giving rise to such liability.

13.2 The exclusions and limitations of liability provided above in subsection 13.1 apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the artconnect parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed of its essential purpose. Applicable law may not permit the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided above in subsection 13.1 may not apply to you, in which case the liability of the artconnect parties will be limited to the fullest extent permitted by applicable law.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless Artconnect and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

14.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

15. Choice of Law, Place of Jurisdiction

15.1 The legal relationship between the contracting parties is subject to the laws of the Federal Republic of Germany. The regulations of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) of the 11th April 1980 are not applicable. If the member is a consumer, this choice of law only applies in so far as the protection granted by the mandatory provisions of the law of the country in which the member has their habitual residence is not impaired. With businesspeople, legal persons of public law, or special funds under the public law, the head office of Artconnect Berlin UG (haftungsbeschränkt), Hermannstr. 229, 12049 Berlin is agreed upon as the exclusive place of jurisdiction. Furthermore, Berlin is the exclusive place of jurisdiction for businesspeople if the member does not have a place of general jurisdiction in Germany, the member relocates their place of residence or habitual residence outside of Germany after the conclusion of the contract, or the place of residence of the member is unknown. Artconnect is, however, entitled to make claims against the member at their general place of jurisdiction.

16. International Use

16.1 Our Services are based in Germany and we do not represent or warrant that our Services will be appropriate or available for use outside of Germany.

16.2 If you are located outside of Germany, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

16.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from Germany.

17. Changes to our Services

17.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

17.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

18. Changes to these Terms

18.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

18.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

18.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

18.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

18.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

18.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

18.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

19. Termination

19.1 You may stop using our Services at any time, subject to any other agreements between you and us.

19.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms.

19.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 10 (Other Websites and Services), 11 (Disclaimer of Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemnification), 15 (Choice of Law, Place of Jurisdiction), 17 (Changes to our Services), 18 (Changes to these Terms), 19 (Termination), 23 (Miscellaneous).

20. Promotions

20.1 We may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.

20.2 Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions (“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.

21. Miscellaneous

21.1 These Terms, including our Privacy Policy, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.

21.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

21.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an Artconnect representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

21.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

21.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

21.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

21.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

21.8 These Terms were written in English. If any translation conflicts with the English version, the English version controls.

21.9 The section titles in these Terms are for convenience only and have no legal or contractual effect.

22. How to Contact Us

24.1 If you have questions about these Terms or our Services, please email us at: shop@artconnect.com.

Berlin, November 2016

Artconnect Berlin UG (haftungsbeschränkt)
Hermannstr. 229
12049 Berlin
Germany

Local Court Berlin, HRB 135272 B

Sales Tax ID: DE 123456

Managing Director: Júlia Marí Bernaus