Terms of Service and Privacy Policy
Kunstbulletin and artlog.net by Kunstbulletin
Contracting parties
The Kunstbulletin art magazine and the artlog.net online platform are two media platforms which operate in parallel and complement each other. Kunstbulletin is a printed product and is published ten times per year. artlog.net is an information and communication network for contemporary art that covers a broad spectrum of topics and can be used for a wide range of purposes. The online platform provides professional partners from the contemporary art scene with an interactive editorial system, which allows them to present information about people, institutions, exhibitions, events, locations and artwork and to link this information to a GIS based data bank. In addition, the information is constantly updated and linked to the current art scene by the editorial team of Kunstbulletin.
Publishing body and legal form
The publisher of Kunstbulletin and operator of the online platform artlog.net is the Schweizer Kunstverein/SKV (Swiss Art Association), an umbrella organisation for the dissemination of art by 34 local and regional art associations and art societies with 45,000 individual members. The Schweizer Kunstverein/SKV is a non-profit organisation. Kunstbulletin is independent and is financed mainly through subscriptions and advertising. Any operational profits remain within the association and are reinvested in maintaining and developing Kunstbulletin and artlog.net.
Terms of Service and Privacy Policy
These Terms of Service and Privacy Policy regulate the relationship between Kunstbulletin and artlog.net (hereinafter referred to as Kunstbulletin/artlog.net or provider) and the users of their publications (hereinafter referred to as users). They comprise all services and products offered by Kunstbulletin/artlog.net, particularly their print media, internet presence and mobile applications as well as the products of third parties offered by Kunstbulletin/artlog.net (hereinafter referred to as products).
Scope of use
By using our products, users are agreeing to these Terms of Service and the Privacy Policy of Kunstbulletin/artlog.net unless an alternative agreement is reached. Any deviations from these terms are subject to the provider’s express written consent.
Our products are intended exclusively for the personal use of natural persons and must not be used for commercial purposes. Any additional or non-conforming use, particularly the automated retrieval of information and its publication in other systems, requires the provider’s express consent which may be revoked by the provider at any time.
The registration of a user account requires a name and a valid e-mail address. When using services which are subject to charges you have to indicate your correct first and last name. The automatic registration of electronic accounts is not permitted. Users shall not disclose their access data (particularly their password) to third parties. Users are responsible for protecting their access data.
Services
The content and scope of the products made available to the user free of charge or subject to charges depend on the status of the user as registered or not-registered and paying or non-paying user. In general our online services are available day and night. Kunstbulletin/artlog.net reserves the right to restrict this operating period and/or temporarily suspend the services due to technical reasons as well as modify the products at any time.
Subscription service
Our subscription service allows users to manage the products they are subscribed to. Users shall inform the provider in writing or by telephone about any change of address, forwarding address or other modifications at least 10 days prior to the requested effective date. Kunstbulletin offers its subscribers the possibility to forward its magazines to another address. Forwarding magazines within Switzerland generally does not imply additional charges for the user. Where magazines shall be forwarded abroad, users will be charged the corresponding mailing expenses. An additional handling fee may be charged for the handling of forwarding services (in Switzerland and abroad).
Users have the option to interrupt the delivery of subscription products. However, this does not apply to the subscription of digital products. When requesting an interruption of delivery, the subscription period of Kunstbulletin shall be extended by the period of interruption.
Liability
The provider shall not be liable for delays and incorrect or non-delivery of products (particularly print media) unless intent or gross negligence on its part is proven. In particular, the provider shall not be liable for errors and omissions by third parties. The user shall report any delivery problems to the provider without undue delay.
The provider shall not be liable for damages that the user may incur as a consequence of the use of the provider’s products unless intent or gross negligence on its part is proven. To the extent permitted by law, the provider’s liability is limited in any case to the amount which was charged to the user for the corresponding product. In no case shall the provider be held liable for consequential damage and loss of profit.
The provider shall not be liable for faulty technology and for damages caused by a computer virus or other computer programs. Liability is also excluded for the consequences of business interruptions due to disturbances, maintenance or the introduction of new technologies.
The content published by the provider has been created with great care. The re-utilisation of this information and data shall be in compliance with the provider’s ownership and copyrights and is at the user’s risk. The content published by Kunstbulletin/artlog.net may have originated from a third party. The provider does not assume any responsibility for its accuracy and completeness. Kunstbulletin/artlog.net accepts no liability for this content.
Copyrights
With respect to its products including layout, software and their content, Kunstbulletin/artlog.net reserves any copyright or other property rights of Kunstbulletin/artlog.net or of persons with legitimate third-party rights. In particular, the publication, copying and distribution of editorial or any other content is not permitted without the explicit consent of the provider. The linking and forwarding of content to third parties within the limits of the products’ intended purposes (social media) is permitted.
User-generated content
Authors of user-generated content (own profiles, commentaries etc.) shall ensure compliance with third-party rights. Abusive, defamatory, commercially detrimental, pornographic or racist statements in particular are not permitted. In case of blatant violation of these regulations, the provider reserves the right to take legal action against the guilty author and delete entries without providing any reasons. The author grants the provider the right to use his content fully or partially for his products and to store it for archiving purposes. This right is granted free of charge, with no restrictions in terms of time and space. Should specific content violate the afore-mentioned regulations, Kunstbulletin/artlog.net requests its users to report such violation.
Forms of payment
Access to content linked via artlog.net is organised in the form of a graduated account system: basic information about art institutions, current exhibitions and art in public spaces can be accessed free of charge. The publication of own service offers (art jobs, competitions, current events etc.), own profiles and customised news services are subject to a charge.
You can use the following forms of payment for fee-based products: credit card or invoice by mail with deposit slip. The agreement between provider and user becomes effective upon confirmation of registration and/or order confirmation by the provider. The confirmation for fee-based products is effected by confirmation of payment (credit card), invoicing or the first delivery. Start of delivery for ordered products is the date specified by the user if the order is received by the provider in due time (at least 10 days before the requested date of delivery). For orders with no specified date, start of delivery shall be the next possible delivery date.
Our payment terms are 30 days after receipt of the invoice. If the customer falls into arrears with payment, the provider may suspend the provision of some or all products. Kunstbulletin/artlog.net may hold the user liable for any damages caused by unpaid invoices.
Subscription period and cancellation, return period
The subscription/online account has a duration of one or several year/s and shall be automatically renewed for the same duration unless it is terminated by the user in writing no later than 30 days before expiry. In the event of non-payment, the subscription shall be suspended after the second reminder.
If a user terminates his subscription before expiry, any remaining amount shall be forfeited to the provider. Upon termination of the agreement, the user’s right to use the corresponding product expires. From that date, access to fee-based digital products in particular is no longer possible.
If you decide to revoke your order within 10 days and notify us in writing (per e-mail or postal service), we will refund the amount paid.
Privacy policy
Kunstbulletin/artlog.net is committed to upholding their users’ right to privacy. When registering on our website in order to use our services you have to provide personal data (e.g. name, address, e-mail address). We use these personal data to provide access to our products and handle the existing contractual relationship. In addition we collect data about the usage behaviour of our users as a basis for access to online products. These personal data are used to improve products and customer service, to verify the use of our products in compliance with the contract, for customised advertising and the needs-based design of advertising (e.g. pop-ups). Users may decide at any time that the use of his personal data for customised advertising by the provider shall be suspended.
The provider may not pass on personal data to third parties unless he is ordered to do so by an official authority or court or unless it is necessary to do so in order to comply with the Terms of Service or Privacy Policy, to solve technical problems or to process orders. In addition, the provider may call in third parties to provide services in accordance with these Terms of Service. In these cases the transfer of data is limited to the minimum required for the performance of these services. Kunstbulletin/artlog.net obliges the third parties called in by the provider to comply with these privacy regulations.
Use of cookies and analytics services
When visiting artlog.net’s websites, personal data are collected, stored and used by the provider and third parties. For this purpose we use so-called ‘cookies’. Cookies are text files which allow for analysis of the use of our products. This technology makes it possible to recognise individual users as visitors of our web pages and to offer them customised services and products. Cookies cannot penetrate the user’s system and they do not cause any damage. Users of Kunstbulletin/artlog.net websites can refuse the storage of cookies by changing their browser settings to ‘Block cookies’.
The provider also uses Google Analytics for statistical purposes and to optimise its websites. The use of Google Analytics does not involve the collection of any personal data. In specific, the IP addresses of users are shortened in such a manner that they cannot be traced to individual visitors before Google Analytics is used. You will find further information about Google Analytics at https://support.google.com/analytics.
When visiting one of our websites (for the first time) users are made aware of the use of cookies and may accept/refuse such use.
Right to deletion of personal data
Users may request information about the personal data stored in relation to themselves free of charge or may revoke their consent to the processing or storage of their personal data. As a consequence, the user may not be able to use the services offered by Kunstbulletin/artlog.net any longer or use them to the same extent as before. Kunstbulletin/artlog.net commits itself to inactivating the personal data of a user within 30 days after receipt of a corresponding request for deletion. Inactivated data will be deleted by the provider as soon as any data retention requirements or other obligations or interests of the provider cease to exist.
Applicable law and place of jurisdiction
Swiss material law is applicable to all legal relations between Kunstbulletin/artlog.net and their users. The exclusive place of jurisdiction is Zurich.
Kunstbulletin/artlog.net may amend these Terms of Service and the Privacy Policy at any time. If such amendments are made, Kunstbulletin/artlog.net shall publish them without delay on the respective website. It is the users’ responsibility to keep themselves up-to-date with the current version of the Terms of Service, prices and the Privacy Policy on the internet pages of Kunstbulletin/artlog.net. The amended Terms of Service and Privacy Policy shall apply from the time of their next visit for not-registered visitors, from the time of the next registration for registered users and from the beginning of the next subscription period at the latest for current subscribers.
Zurich, December 8 2016
Kunstbulletin/artlog.net
Neufrankengasse 4
CH-8031 Zurich