Website terms of use of ArtMeta AG (hereinafter “ArtMeta AG” or the “Company”)

The following Website Terms of Use, together with any documents which are expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of www.artmeta.org (hereinafter the "Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy including our Cookie Policy found at [URL], incorporated herein by reference (hereinafter the “Privacy Policy”).

If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Who May Use the Website

By using this Website, you represent and warrant that you (i) are not barred to use the Website under any applicable law, and (iii) are using the Website only for your own personal use. If you do not meet these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we have posted them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We do not guarantee that our Website or any content on the Website will always be available or be interrupted. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (hereinafter the “Content”), are owned by ArtMeta AG, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:

• Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing that Content.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any Content from this Website.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.

• Use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make use of any Content on the Website other than that set out in this section, please address your request to ArtMeta AG, Dammstrasse 16, 6300 Zug.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by ArtMeta AG. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The name of ArtMeta AG, its logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of ArtMeta AG. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

• To impersonate or attempt to impersonate ArtMeta AG, an employee of ArtMeta AG, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm ArtMeta AG or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Content on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ArtMeta AG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ArtMeta AG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We intend that the Content on the Website is accurate at the time it is published. However, we accept no obligation to ensure, and do not warrant, that the Content is complete, accurate, or always up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

The owner of the Website is based in Switzerland. We make no claims that the Website or any of its content is accessible or appropriate outside of Switzerland. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.

Limitation on Liability

To the extent permitted under applicable law or regulation, ArtMeta AG excludes all liability to you or any third parties for any loss or damage relating to the use of, inability to use, reliance on Content of this Website, links, to third party websites and social networks contained on it or software that you may download from any linked websites.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods), without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in Neuheim, Switzerland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Last updated: 30th April 2024