1.1 What are these Terms about?
These Terms and Conditions (together with the policies expressly referred to within) tell you information about the ARTMO Online Art Platform.
1.2 Who runs the ARTMO websites and how can I get in contact?
The ARTMO website is operated by ...
ARTMO U.G., Mittelweg 151, 20148 Hamburg, GERMANY
[Former Address: Langenhorner Chaussee 363, 22419 Hamburg]
USTiD: DE313988628 | HRB 147953
In addition ARTMO Shanghai is subcontracted for web development only. The operational base, including online shop procedure and payment processing is handled by ARTMO Germany.
Shanghai ARTMO Culture Communication Co. Ltd.
9F Overseas Chinese Building, 129 Yan'an West Road, Jing'an, 200040 Shanghai, China
Reg. No.: 06000002201708230005
The principal activity is an art entertainment platform including social activities and an online art marketplace offering independent vendors to publish and sell their Artworks.
If you have any questions, concerns or complaints, you can email ARTMO at email@example.com, use the website’s ‘Contact us’ page or write to either of the above mentioned company addresses. As soon as we receive any complaint, action will be taken to rectify the problem. If you contact ARTMO by post or email we will reply by email. If you contact ARTMO by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.
1.3 What definitions will be used in these Terms?
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
- The Site / Website / PlatformThe ARTMO websites, hosted at artmo.com, and all subdomains and subdirectories thereof.
- Member: Anyone who has created a social profile. There are three different types of profiles: Member, Artist, Gallery or University. To all those profile types is been referred to as 'Member'.
- Content: Any text or imagery contributed to and hosted on the Site.
1.4 To whom do these Terms apply?
These Terms form an agreement between you and ARTMO U.G.. By using this website, displaying a Social Profile for interacting with other members and posting content you agree to abide by these Terms.
ARTMO is not directly involved in interactions between members.
1.5 Are there any other policies or terms I should read?
Yes; you should read carefully and understand our ...
1.6 By which laws are these Terms governed?
These Terms are governed by the laws of Germany and you agree to submit to the exclusive jurisdiction of the courts of Germany with respect to your relationship with ARTMO. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate.
2.1 What restrictions apply to the Content I publish on ARTMO website?
You acknowledge and agree that you are solely responsible for all Content you upload to ARTMO.
You may not publish material which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
ARTMO reserves the right to remove any Content from the website at any time in its sole discretion.
2.2 How and when are ARTMO permitted to use my content?
By registering and becoming a member and publishing Content you grant ARTMO a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Content via all ARTMO online channels (including the Site, Platform and third party sites and platforms) in any media now known or not currently known. This right and license is solely for the purpose of enabling ARTMO to use your content for the promotion of the ARTMO platform.
ARTMO do not claim, and so may not violate, ownership rights in your Content.
3.1 Are there any fees charged on opening an ARTMO member account?
No! ARTMO's is free of charge.
4.1 Under what conditions may this agreement be terminated?
ARTMO may, in its sole discretion, terminate this agreement, access to the Site or Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.
4.2 How can I cancel my ARTMO account?
You are enabled to delete your ARTMO Account with immediate effect.
Go to your profile > Click on the cogwheel, right underneath the cover image of your profile > Go to MY ACCOUNT > Delete Account
5.1 Website Usage
In no event will ARTMO be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this site. We make no warranty that this site or the server that makes it available is free of viruses or bugs.
Throughout the ARTMO website, you may find links to third party websites. Please note that ARTMO is not responsible for the privacy policies or content of third party sites.
5.2 User Data
ARTMO is an online art entertainment platform including social activities for members and a vendor shop.
The Site and Platform are provided on an “as is” basis. ARTMO makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law.
ARTMO shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Site and Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.
You hereby indemnify ARTMO and keep ARTMO and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of ARTMO), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, representations or obligations under these Terms or otherwise arising from an interaction between you and another member or your use of the Site and Platform.
These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties).
Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of Germany and the parties submit to the exclusive jurisdiction of the German courts.