General Terms & Conditions of www.THEARTKEY.COM
The following General Terms & Conditions apply for the use of http://www.theartkey.com/ as well as the use of services ("webservices") offered by this website and the newsletter of www.TheArtKey.com (together called the "website"). They govern your rights and duties when using the website.
On the website ArtKey Media AG (in the following also called "we") is offering news and up-to-date information regarding all topics related to the international art market (in the following also called "content"). This content is accessible to everybody for private use, based on the regulation of these General Terms & Conditions. For the use of certain content, a registration is required. Certain content is subject to user fees.
| 1. | ENTITLEMENT TO THE CONTENT OF THE WEBSITE |
| 1.1 | ArtKey Media AG is reserving all copyrights and other proprietary rights on all pages of the website including layout, software and content. The content may only used for your own personal purposes. |
| 1.2 | The dissemination of any website content to third parties (even in extracts) is not al-lowed without our written consent. It is not allowed to include the website or its con-tent into other publications, especially as frames or any other form of publication, without the written permission of ArtKey Media AG Switzerland. |
| 1.3 | Any special directions for the use of specific content apply in addition to these General Terms & Conditions. |
| 1.4 | It is not allowed to change and/or remove references to copyrights and/or trade marks and/or other specifications of content. The absence of indications to copyrights or trade marks does not imply that the respective content is not protected by such law. We explicitly advise you that content without protection signs (©; ®; TM) may be protected by intangible property rights also. |
| 1.5 | The website content may not be used for commercial use as long as ArtKey Media AG Switzerland has not given written permission. |
| 1.6 | The establishment of a hyperlink to the website is not allowed if the site containing this hyperlink is also containing content which violates these General Terms & Condi-tions, legal regulation or third party rights. |
| 2. | USE OF THE WEBSITE |
| 2.1 | You engage with ArtKey Media AG to the lawful use of the website. Your use must comply with these General Terms & Conditions and must not violate legal regulation or third party rights. In particular, the following regulations apply: |
| (a) | The dissemination of racist or pornographic information, information glorifying or trivializing violence as well as immoral information or information containing libel and slander is forbidden. It is also forbidden to disseminate information which may impair or endanger children and young people in their development or education or which violate human dignity or other legally protected interest. |
| (b) | Most of the information that is made available to you by using the website is the intellectual property of third parties and protected by property rights, trade marks or other intangible property rights. All information that you receive or transfer using webservices of TheArtKey.com (e.g. by upload, download or fi-lesharing), must be released for this purpose. By its use, you must not violate any property rights, trade marks or other third party rights. |
| (c) | You must not disseminate unsolicited mass mailings (spam-mails; junk-mails). Each use of the website which results in an impairment or break down of net-works as well as any anauthorized access to services, user accounts, computer systems or networks is strictly forbidden and will be subject to criminal prose-cution. Any content transferred by users must be free from malware such as viruses, worms or trojans. |
| 2.2 | In case of a violation of these General Terms & Conditions, ArtKey Media AG can take all necessary actions. In the case of simple violations, these actions result in a repre-hension that these General Terms & Conditions, legal requirements or the duty of thoughtfulness have been violated. Severe infringements can result in a temporary or permanent blocking of webservices. |
| 2.3 | At all times, ArtKey Media AG reserves the right to block content that you have up-loaded to the website, if there is any suspicion that this content is violating legal regulations or these General Terms & Conditions. In particular, there is a reasonable suspicion if there are any legal or governmental investigations ongoing or if a written warning has been issued. ArtKey Media AG is allowed to block content until there is no longer suspicion. ArtKey Media AG reserves the right to check information that you upload into publicly accessible webspace and refuse its publication if necessary. |
| 2.4 | Institutions such as galleries, museums, auction houses and other service providers must not abuse a Community account for commercial purposes. The mailing of invi-tations, advertising and information about their subscription account is not allowed. Non-compliance with this regulation may result in blocking the respective Community account without further notice. |
| 3. | MEMBERSHIP |
| 3.1 | The following conditions for a membership with TheArtKey.com apply for the regis-tration as a member of TheArtKey.com as well as the use of webservices that are exclusively reserved for members of TheArtKey.com (together called „membership"). They govern the rights and duties of a membership. The conditions for the general use of the website apply also (see above). |
| 3.2 | As a member, you can use a multitude of various services and functions. The mem-bership requires a registration. Please refer to the description of services, technical characteristics and - if the service has fees - price list for the service you have cho-sen. You have access to these descriptions when you are registering for or using the webservice. |
| 3.3 | The use of certain webservices requires a registration as a member. As a member, you receive access to the webservices chosen, in particular the Community section, the various subscription types and their associated services. |
| 3.4 | To become a member, you need access codes (user name and password). The con-tractual relationship for a membership begins with the activation of your account and the respective access codes issued by ArtKey Media AG. If you already have access codes, the contractual relationship begins when you use the webservices for the first time with these access codes. Your access codes are not transferable. Any changes of data provided at the time of registration must immediately be published in the section „change membership profile". |
| 3.5 | The Community membership is free of charge and has no age limit. Anybody who wants to use webservices with costs is subject to a subscription on TheArtKey.com and must be at least eighteen years of age. |
| 3.6 | The user name you choose must not violate current legal regulations in Switzerland, any third party rights, these General Terms & Conditions or morality. For each user name, you have to choose a password. You are obliged to take all actions necessary to ensure the nondisclosure of your access codes. |
| 3.7 | As owner of your user name, you are responsible for all activities that take place with this user name. This includes the payment of charges as well as the compliance with legal regulations, with third party rights and these General Terms & Conditions. Should you have any suspicion that a third party is using your access codes without your permission, you are obliged to inform us immediately. If we know or have reasonable suspicion that your access codes are abused, ArtKey Media AG is allowed to take all necessary actions to prevent any third party to continue to abuse your access codes. In particular, this includes the blocking of your account. ArtKey Media AG is not responsible for any damages that occur as a result of access code misuse. |
| 3.8 | We reserve the right to reject an application for a membership or to terminate a membership at our own discretion, in particular when a violation of these General Terms & Conditions has occurred. |
| 4. | SUBSCRIPTIONS FOR WEBSERVICES |
| The use of certain webservices has fees and requires - in addition to a Community membership - a subscription. If you want to use chargeable webservices based on TheArtKey.com subscriptions, in your application you are obliged to provide correct, complete and verifiable information about your identity, address and phone number and a bank connection with a generally accepted bank. During the contract duration of a subscription, this information has to be updated at all times. | |
| 5. | BILLING, PAYMENT |
| 5.1 | If a webservice is chargeable, you will be informed about prices and specification of services before you start to use such webservices. Details about prices and services of chargeable products can be found in the specification of services of the respective webservice. |
| 5.2 | The use of webservices will be charged in fixed monthly billing periods if not otherwise indicated. The billing period begins with the day of application and ends at the same calender day of the following month. If you have applied at the last day of a month, and the following month has less days than the month in which you have applied, the billing period ends at the last calender day of the following month. |
| 5.3 | The payment for the use of chargeable webservices is effectuated - if not explicitly agreed upon differently - by credit card, bank or postal transfer. By communicating your credit card data to our credit card provider (SIX Multipay AG, Switzerland), you enable us to collect the due payments for your use of chargeable services. The collection will take place at the date specified in the specification of services of the respective webservice. In the absence of such statement for a specific webservice, the collection will take place the day after the last billing period at the latest. For commercial users such as galleries, museums, auction houses and other service providers, all prices are subject to the Swiss VAT (currently 8%). Prices of webservices for consumers include the Swiss VAT. |
| 5.4 | If payment collection through your credit card account fails and if there is no infor-mation about an equivalent option to collect the amount due, we reserve the right to block your account and your access to our webservices. The same action takes place when the payable amount is overdue more than 30 days. The blocking of an account does not release you from the obligation to pay the price for the provision of webser-vices. Our right for dismissal for cause is not affected. |
| 5.5 | If an invoice for the amount due has been issued, you are obliged to rise a plea within 30 days after reception of the invoice in case you have an objection to the amount due. Your objections have to be substantiated. Omission of a plea in time is regarded as approval of the invoice. |
| 6. | CONTRACT DURATION AND CANCELATION |
| 6.1 | The contract regarding a Community membership is closed for an indefinite time. It acts as a frame contract for all webservices used by you. |
| 6.2 | Subscriptions for webservices constitute single contracts within the frame of the membership contract. The contract duration and cancelation period for users are specified in the specification of services of the respective webservice. In the absence of such statement for a specific webservice, the webservice can only be canceled at the end of a calendar month with 30 days notice. The minimum contract duration for chargeable webservices for institutions such as galleries, museums, auction houses and other service providers is one year. The contract for a subscription is renewed by another year if not canceled in written form with 6 weeks notice before termination of contract. |
| 6.3 | Cancelations for subscriptions are accepted online via the respective form. If you need any help, please refer to our customer support: support@artkeymedia.com. Cancelations of contracts by ArtKey Media AG are communicated by e-mail to the e-mail address indicated during registration. |
| 6.4 | ArtKey Media AG reserves the right to terminate a contract without notice if you vio-late these General Terms & Conditions or legal regulations. If ArtKey Media AG has terminated a contract without notice due to the violation of these General Terms & Conditions, you may not re-register for any services of TheArtKey.com without writ-ten approval by ArtKey Media AG. Current users of webservices on TheArtKey.com must not enable former users of webservices of TheArtKey.com to use such services, if ArtKey Media AG had terminated the contract for cause. |
| 6.5 | The client has the right to withdraw from the contract during the first seven days af-ter the originally agreed upon billing period has started. |
| 7. | AVAILABILITY OF THE WEBSITE |
| 7.1 | We endeavor to minimize limitations, interferences, interruptions of connections or any other constraint to use our webservices. Please note that - given today's techni-cal standards of communication - such constraints cannot be avoided completely. In particular, this applies to those contents and communication paths which are beyond our control. |
| 7.2 | We reserve the right of temporary limitations of webservices for maintenance pur-poses and further developments, as long as they are necessary for proper or im-proved operation. We shall inform our users as soon as possible about times when there are limitations in the use of our webservices due to maintenance or develop-ment activities, e.g. with informations on TheArtKey.com, by e-mail or other means of electronic communication. |
| 8. | WARRANTY |
| 8.1 | We do not guarantee that the content of the website meets the expectiation of the user or that the user will achieve any specific objective with this content. |
| 8.2 | We do not guarantee that the user has access to the website at specific times. In particular, we do not accept any liability in the case of malfunctions, interruptions or breakdowns of the TheArtKey.com website. |
| 8.3 | The content published on the website originates from third parties too. We and our data providers cannot guarantee the accuracy, completeness nor the timeliness of this content. Therefore, any warranty is excluded if nothing else is agreed upon by written agreement. |
| 8.4 | On the website, we present information such as prices or art works for sale. This in-formation about the art market in the form of news, prices, forecasts, indices, etc. does not constitute any form of consultancy, suggestion or agency activity; besides, we do not call on anybody to buy or sell art works. |
| 8.5 | The website contains links to websites of third parties. We do not claim the content of these websites as our own. ArtKey Media AG does not guarantee that the content on these websites is true, correct, lawful or legally unobjectionable. ArtKey Media AG does not guarantee that these websites are virus-free. ArtKey Media AG does not adopt the content of banners or other advertising space as its own and does not guarantee for them. |
| 8.6 | Our Community members are solely responsible for any content uploaded onto the website by them. The Community members must guarantee ArtKey Media AG that they have received permission to use the uploaded content. |
| 8.7 | Our gallery members are solely responsible for any content uploaded onto the website by them. The gallery members must guarantee ArtKey Media AG that they have received permission to use the uploaded content. |
| 8.8 | Our museum members are solely responsible for any content uploaded onto the website by them. The museum members must guarantee ArtKey Media AG that they have received permission to use the uploaded content. |
| 9. | LIMITATION OF LIABILITY |
| ArtKey Media AG is only liable for premeditated damages or damages caused by gross negligence, as long as no further liability is regulated by law. The liability for indirect damages, consequential harm caused by a defect and the liability for auxiliary persons are excluded. | |
| 10. | DATA PROTECTION |
| 10.1 | The website addresses an international audience. For the time being, the computer systems are operated by ArtKey Media AG, which it headquartered in Cham, Switzer-land. Your personal data entered in forms on TheArtKey.com will be transferred to Switzerland where the data is processed and stored. |
| 10.2 | As long as you do not give permission to further processing and use, your personal data is only stored, processed or used for the purpose of ensuring access to the web-site, the use of the website, billing, administrative or marketing purposes, as well as all other purposes mentioned in this paragraph. You are allowed to request informa-tion on your personal data or to request a change or deletion at all times. Contact our data security engineer via e-mail (privacy@artkeymedia.com). |
| 10.3 | We transfer your personal data to third parties only if this is necessary to fulfill our contractual obligations. |
| 10.4 | ArtKey Media AG stores your personal data only as long as it is needed to fulfil our contractual obligations. When it is no longer necessary to store your personal data, all your personal data will be erased six month after termination of your contracts at the latest, with the exception of your name and your bank details. Your name and bank details will be stored for your protection and for the purpose of checking new contractual relationships. The longer storage time shall prevent unauthorized persons to use your personal data when registering for web services of TheArtKey.com. If you do not want us to store your name and bank details after termination of our con-tractual relationship, you can - even after termination of our contractual relationship - request that this data is erased. Please send your request to: pri-vacy@artkeymedia.com. |
| 10.5 | We inform you that cookies are temporarily stored on your computer or can be launched by your computer when you access the website. For your convenience, this allows for the identification of the computer which is calling the website and for the provision of shortcuts for the navigation. You can avoid the storage of cookies on your computer by changing the settings of your internet browser. Depending on the settings of the browser used, blocked cookies may reduce the functionality of the website or block the access to the website. We are not responsible for this kind of limitation of the website. |
| 10.6 | 10.6 We are entitled to use programs that can protect you, the systems of ArtKey Media AG or TheArtKey.com and third parties from damaging components or contents such as viruses, trojans or spam-mails. This includes any kind of filtering systems, as long as their application to protect the telecommunication and data processing systems of ArtKey Media AG from unauthorized access is adequate. |
| 10.7 | In addition to paragraph 1 of these General Terms & Conditions, ArtKey Media AG explicitly reserves the right for all services and functions offered in the context of a membership with TheArtKey.com. Any information provided by ArtKey Media AG with these webservices must not copied or distributed without the prior written approval by ArtKey Media AG. |
| 11. | CHANGES OF TERMS & CONDITIONS OR SERVICES |
| 11.1 | The internet and online offerings are constantly changing, regarding both content and technology. Therefore, ArtKey Media AG reserves the right to change the terms & conditions, services and prices at any time. |
| 11.2 | ArtKey Media AG shall inform you about any changes of these terms & conditions or a substantial change of services or prices at least 10 days before they take effect. The information will be sent by e-mail to the mail address you provided. In addition, changes may also be announced on the website. The current General Terms & Condi-tions, description of services and prices are published on the website. |
| 11.3 | Should you disagree with any change planned by ArtKey Media AG, you are entitled to object in written form within one month after you have been informed about the change. Objection to the change will terminate an existing contract. The date of ter-mination of the contract is the date of your objection. |
| 11.4 | If you do not object within one month after you have been informed about the changes, it is understood that you agree with the changes. |
| 12. | TRANSFERENCE OF RIGHTS |
| ArtKey Media AG is entitled to transfer the rights and duties of this contract to third parties. Contracts regarding Community accounts must not be transferred to third parties. Contracts for other webservices with costs may only transferred to third par-ties with written approval of ArtKey Media AG. Such approval must not be refused without cause. | |
| 13. | APPLICABLE RIGHTS, PLACE OF JURISDICTION |
| These General Terms & Conditions and all disputes that result from them or from the use of the website and/or the contractual relationship between you and ArtKey Media AG are subject to Swiss law only, explicitly excluding private international law. The exclusive place of jurisdiction is Cham, Switzerland. However, ArtKey Media AG is entitled to sue you at the place of your residence. |
THIS IS A TRANSLATION OF THE GERMAN TERMS & CONDITIONS. SHOULD THERE BE ANY DIFFERENCES BETWEEN THE MEANINGS OF THE ENGLISH AND THE GERMAN VERSION, THE GERMAN VERSION TAKES PRECEDENCE OVER THE ENGLISH VERSION.
TheArtKey customer service: info@artkeymedia.com
Your contractual partner: ArtKey Media AG, Gewerbestrasse 2, 6330 Cham, Switzerland
Date: 27 April, 2017
