Terms of Service

1. Scope and provider

These terms govern the use of theartistsartmarket.com (the “platform”). The platform brings artists and buyers together, and lets original artworks be listed, discovered and bought.

2. Your account

Some features — submitting work and entering open calls in particular — require an account. Registration is free.

• The details you give when registering must be accurate and complete.
• Keep your credentials confidential and do not pass them to anyone else.
• There is no right to be registered. We may decline to open an account without giving a reason.
• You can delete your account at any time. We may suspend or delete an account for serious or repeated breaches of these terms.

3. Submitting work

Artists may submit work for inclusion on the platform or for an open call. By submitting, you confirm that you hold the necessary rights in the work and in the images you upload, and that the submission infringes nobody else's rights.

Submitting does not entitle you to be published. Whether a work is accepted is a curatorial decision; it is final and we do not give reasons.

4. Rights in what you submit

You keep all rights in your work. You grant us only a non-exclusive licence, limited to operating the platform, to use the material you submit in order to:

• display the work on the platform,
• promote the platform and the work shown on it, including on social media and in newsletters,
• make technically necessary changes such as resizing and format conversion.

This licence ends when you remove the work from the platform. Promotional material already distributed is not affected.

5. Purchases and payment

Contracts of sale for works offered on the platform are concluded directly between the parties to the sale. Payment is handled through Shopify, and that provider's own terms apply in addition to these.

Prices are final prices. Shipping costs and any customs charges are shown separately during checkout.

6. Right of withdrawal

Consumers have the statutory right of withdrawal for distance contracts under §§ 312g and 355 of the German Civil Code (BGB). The full withdrawal notice, including the model withdrawal form, is provided during checkout and sent to you in text form.

7. How you may use the platform

When using the platform you must not:

• post unlawful, abusive, discriminatory or age-inappropriate content,
• infringe anyone else's rights, in particular copyright, trade mark and personality rights,
• scrape the platform automatically or interfere with how it works,
• misrepresent who you are or who created a work.

8. Availability

We work to keep the platform running without interruption, but we do not guarantee any particular level of availability. Maintenance, security measures and disruptions beyond our control may cause temporary limitations.

9. Liability

We are liable without limitation for intent and gross negligence, and for injury to life, body or health. For simple negligence we are liable only for breaching a material obligation — one whose fulfilment makes proper performance of the contract possible in the first place, and on whose observance you may reasonably rely — and then only up to the foreseeable damage typical for this kind of contract. Liability under the German Product Liability Act is unaffected.

Users are responsible for the content they post. We do not adopt third-party content as our own.

10. Changes to these terms

We may change these terms where this is needed to reflect a change in the law, in case law, or in the platform's features. We will notify registered users in text form at least six weeks before a change takes effect. If you do not object within that period the change is treated as accepted; we will say so explicitly in the notice.

11. Disputes and governing law

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only so far as it does not remove the protection of mandatory provisions of the law where they normally live.

12. Severability

If any provision of these terms is invalid, the remaining provisions stay in force.