Terms and Conditions of Use for Collectrium.com
1. Scope of application of the Terms and Conditions of Use
1.1 Collectrium operates an interactive online business with various services under the domain Collectrium.com through which art collectors and art professionals throughout the world ("Users") virtually manage art and privately communicate with each other (hereinafter "Collectrium" or "Website").
1.3 For content that is covered by intellectual property rights, the User specifically gives the following permission, subject to privacy and application settings: granting Collectrium a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Collectrium ("IP License"). This IP License terminates when the User deletes IP content.
1.4 When the User deletes IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
1.5 We appreciate your feedback or other suggestions about the Collectrium Website, and may use them without any obligation to compensate
2. Services of the Collectrium website
2.1 On the Collectrium Website the User can set up a user profile containing information about the User and his or her collections and interests. The User can also upload and enter image files containing artworks from his or her collection and the associated descriptions in the "My Collection" section. Within his or her profile the User can allow a number of images from the "Collection" section to be displayed in a "Gallery". The User can specify whether his or her profile and collection will be completely private, anonymous or public. The User has full control over his or her privacy settings at all times.
2.2 The Collectrium Website also provides the User with services with which to privately contact other users and communicate with them. Collectrium is not involved in contact or communication with other users and is not liable for any legal violations or breaches of duty committed by the User in connection therewith.
2.3 Which of the services of the Collectrium Website are available to the User depends on whether the User registers for free as a guest or for a charge as a member.
2.4 Collectrium can modify, expand and improve the services of the Website as its discretion as long as the services offered as of the time of contracting are not substantially limited.
2.5 The right to use the Collectrium Website exists only within the limits of the current state of the art. Collectrium endeavors to keep the Website available constantly to the fullest extent possible but does not warrant uninterrupted and faultless availability. Maintenance work, capacity limits and technical or other problems outside the control of Collectrium can cause data loss, disturbances, transmission delays, transmission errors and downtime.
3.1 The User is required to register if he or she wants to use the services of the Collectrium Website. Solely natural persons with unlimited contractual capability are permitted to register; registration cannot be assigned to others.
3.2 The User is required to state the information specified on the registration form truly and completely when registering. The User is prohibited from registering multiple times under the same or different names. Collectrium can review the information provided by the User and reject incomplete, untruthful or frivolous registrations. If it suspects improper registration, Collectrium has a right to immediately block access to the Collectrium Website and/or delete the user profile. The User is required to update his or her information immediately in accordance with any relevant changes made subsequent to registration.
3.3 During registration the User shall specify his or her access information for accessing the Collectrium Website, which consists of his or her e-mail address, username and a password. The User is required to keep his or her access information confidential and not give it to others. Collectrium will not give users' passwords to others, and will never, at any time, ask the User for his or her password by e-mail or telephone. The User is advised that others may be able to modify or delete his or her user profile and the contents entered by the User with the aid of the User's access data. Should the User lose his or her access data or discover that others have gained knowledge of or used his or her access data, the User is required to notify Collectrium immediately.
3.4 Registration constitutes an offer by the User to enter into an agreement concerning the use of the contents and services of the Collectrium Website. Collectrium accepts the offer by activating the User for the services of the Collectrium Website. Upon acceptance an agreement is concluded between the User and Collectrium.
3.5 The User may register either as a guest free of charge or as a member for a fee in accordance with the following conditions:
3.5.1 Following free registration as a guest, the User can use the basic services of the Collectrium Website and set up a user profile. The User on a free registration cannot use all the services of the Collectrium Website; particularly the services for entering and storing artwork and for contacting and communicating with other users. The User may switch at any time from being registered as a guest to being a paying member by notifying Collectrium accordingly and entering the transactional data required by Collectrium.
3.5.2 Following paid registration as a member, the User can use all the services of the Collectrium Website without limitation. There are tiers of memberships and each membership encompasses certain privileges. Paid registration as a member grants the User specific access as outlined in the registration area of the Collectrium Website. For registration as a member, the usage fee stated during registration will be charged for the usage period or an extension period. The usage fee for the entire usage period is due and payable immediately.
4. Consumer's right of revocation
If the User registers for the Collectrium Website for a purpose which cannot be attributed to being an art collector or other art professional and can not be verified by Collectrium, the User's account may be deleted immediately at the discretion of Collectrium. The User will be contacted prior to termination to offer an explanation.
4.1 Right of revocation: The User may revoke his or her registration at any time through the Collectrium Website.
4.2 Consequences of revocation: In the event of effective revocation, User's collection and information will become inactive and not displayed on any part of the site, public or private. The information will be stored in case the User wishes to reactivate at a later date, where the state of their profile would become immediately available to them.
5. User's general duties
5.1 The User shall use the contents and services of the Collectrium Website exclusively for his or her own purposes and shall observe these Terms and Conditions of Use, the applicable laws, and all third-party rights. The following are specifically prohibited to the User:
5.1.1 allowing third parties to use his or her user profile.
5.1.2 using the contents and services of the Collectrium Website in conjunction with other websites, application programs and scripts, or reading out these contents and services automatically, integrating them with other services, storing them, making them publicly available, or distributing them.
5.1.3 distributing viruses, worms, or trojans, collecting private data and e-mail addresses of other users, or performing other acts which can impair the operability or continued existence of the Collectrium Website or the security of other users.
5.1.4 making references to the commercial offers and websites of third parties, especially by means of links, in user profiles and in the contents entered, stored, made publicly available, or distributed by User.
5.1.5 entering, storing, making publicly available, or distributing the private information of third parties, particularly images, names, addresses, telephone numbers, Internet addresses or e-mail addresses.
5.1.6 entering, storing, making publicly available, or distributing contents which violate third-party rights, particularly copyrights or ancillary copyrights as well as patent rights, trademark rights, design patent rights, utility model rights, or personal rights.
5.1.7 entering, storing, making publicly available or distributing contents which are illegal, wrongful, threatening, offensive, libelous, racist, pornographic, dangerous to youth, indecent, political or ideological or which glorify violence.
5.1.8 performing anticompetitive acts and unreasonably disturbing other users, particularly through unsolicited ads and spamming.
5.2 If the User violates the foregoing duties, he or she is liable to Collectrium for the compensation of all resulting losses and expenses including any legal costs.
5.3 The User is responsible for taking reasonable precautions to back up and save the contents the User enters so that he or she is able to enjoy unlimited access to those contents even independent of the Collectrium Website. The data contained on the Collectrium website in a User's profile or collection can be ordered at any time through the Collectrium website for a fee.
6. Responsibility for contents: The User owns all of the content and information uploaded onto Collectrium, and can control how it is shared through privacy and application settings. In addition:
6.1 The User is permitted to enter, store, make publicly available, and distribute contents, particularly his or her user profile and image files of artworks with descriptions, on the Collectrium Website only if the User observes the duties described under Section 5. The User alone bears sole and unlimited responsibility for the contents he or she enters.
6.2 Collectrium gives no guarantee as to the truthfulness, appropriateness or quality of the contents of the User. Regardless thereof, Collectrium reserves the right to block, delete, or remove the contents of the User or exclude the User from the future use of the services of the Collectrium Website at any time and without stating its grounds.
6.3 The User expressly guarantees that he or she owns all rights to the contents he or she enters and that the entry, storage, publication, and distribution of those contents do not violate these Terms and Conditions of Use, applicable laws or third-party rights.
7. Assignment of rights
7.1 The User grants Collectrium the gratuitous, unlimited, irrevocable and non-exclusive right:
7.1.1 to reproduce according to the User's privacy setting on the Collectrium website, hold ready for retrieval and share according to the User's specific file-sharing requests and to store the contents on its own computers (web servers), make backup copies, and enable an unlimited number of users to access, retrieve and use the contents by means of all the public network services currently known (Internet, WWW, e-mail, and similar networks and services) based on set privacy settings and controls.
7.1.2 to modify, abridge or amend the contents the User enters in order to make them comply with these Terms and Conditions of Use, adapt them to the format of the Website, improve the display quality, or if necessary in order to perform the acts of use described above, and
7.2 Collectrium can employ third parties to perform the acts of use described hereinabove and assign part or all of its right to use the contents to third parties or grant sublicenses.
8. Term and termination of the agreement
8.1 In the case of free registration as a guest, the agreement between Collectrium and the User runs indefinitely upon the User's activation for the Collectrium Website and can be terminated by the customer at any time and by Collectrium without stating a cause.
8.2 In the case of paid registration as a member, the agreement between Collectrium and the User initially runs for the usage period stated at registration commencing with the User's activation for the Collectrium Website. The agreement extends automatically for the extension period stated at registration. If the User switches his or her registration from to a different type of membership, the usage period commences upon Collectrium receipt of the corresponding notice from the User.
8.3 Nothing herein shall be construed to affect the right of either party to terminate for cause. Collectrium has cause to terminate when, in consideration of the totality of circumstances and the balance of the interests of both parties, the continuation of the agreement would be unreasonable because the User:
8.3.1 is in violation of these Terms and Conditions of Use, applicable laws, or third-party rights.
8.3.2 has affected the Collectrium Website's good reputation, its operability, or its continued existence.
8.3.3 has used the contents and services of the Collectrium Website inappropriately and in a manner inconsistent with its proper function or
8.3.4 has interfered with or prevented the use of the services of the Collectrium Website by other users or harmed other users.
8.4 The User can announce a termination by e-mail sent to the address email@example.com or by following the instructions on the Colelctrium Website. The termination must contain the e-mail address stated by the User at registration. Collectrium can announce a termination by e-mail sent to the e-mail address given by the User at registration.
8.5 When cause for termination exists under Section 8.3, Collectrium may instead of termination warn the User, delete some or all of the contents entered by the User, and/or exclude the User temporarily or permanently from the Collectrium Website.
8.6 The user's right to the refund of usage fees already paid is excluded if Collectrium terminates the agreement pursuant to Section 8.3 or takes action pursuant to Section 8.5. Upon termination of the agreement pursuant to Section 8.3 the User cannot reregister at the Collectrium Website without the prior written consent of Collectrium.
8.7 After the end of the agreement, Collectrium is entitled to delete the User profile and all the contents entered by the User. The User may not demand the return or any surrender of the contents other than those objects or information that have been verified by Collectrium as owned and properly represented by the User.
9. Notification of legal violations
The User can notify Collectrium using a contact form provided on the Collectrium website or by e-mail if the User believes that another user or contents that have been entered is or are in violation of these Terms and Conditions of Use, applicable laws or third-party rights. Collectrium advises that it requires information about the alleged violation, the violator and, depending on the circumstances, the ownership of the rights concerned with as much particularity as possible if the violations are to be prosecuted.
10.1 Collectrium is liable without limitation for the guaranteed quality, in case of bodily injury or personal injury, for intentional and grossly negligent conduct, and pursuant to the Product Liability Act. In the case of a breach of material contractual duties as a result of simple negligence Collectrium is liable solely for the foreseeable damages. A material duty in the sense of this section means any duty without which the proper performance of this agreement is impossible and the performance of which the User may rely on. Collectrium's other liability for simple negligence is excluded. All other liability for damages, particularly liability without default, is excluded.
10.2 The Collectrium Website can contain direct or indirect references to other websites and third-party services. Collectrium expressly declares that at the time the link is inserted there were no unlawful contents identifiable on or in such websites and third-party services. Collectrium has no influence on the future design, contents or authorship of the linked pages. It is not possible for Collectrium to monitor those contents on a continuous basis or prevent the use of the linked pages in case of unlawful contents. Therefore, Collectrium expressly distances itself from all the contents of all linked pages which have been modified subsequent to the insertion of the link. The foregoing statement applies to all links and other references within its own contents as well as those entered by users. Collectrium is not liable for unlawful, erroneous and/or incomplete contents and particularly not for losses caused by the use or nonuse of the linked pages. These are the sole responsibility of the website operator or service provider concerned.
10.3 The foregoing limitations of liability also apply to all companies affiliated with Collectrium and to the personal liability of the employees, agents, shareholders, and servants of Collectrium.
11.1 The User shall, on first request, release Collectrium from all claims, including damages claims, which other users or other third party enforce against Collectrium on the basis of the culpable infringement of their rights through the User's use of the contents and services of the Collectrium Website or through the contents which the User enters, stores, makes publicly available, or distributes. The User shall furthermore release Collectrium on first request from judicial and administrative decisions issued against Collectrium for the User's culpable infringements of rights and legal violations related to the use of the contents and services of the Collectrium Website. The User shall compensate Collectrium for all the resulting costs including the costs of mounting a legal defense. Nothing herein shall be construed to affect Collectrium further rights and damages claims.
11.2 The User must notify Collectrium in writing without undue delay if infringements of rights and legal violations related to the use of the contents and services of the Collectrium Website are claimed against the User or if judicial or administrative rulings are anticipated, and must support Collectrium in the legal defense.
12. Trademarks and other intellectual property rights
The User acknowledges that all rights to the Collectrium Website, including any copyrights or ancillary copyrights and patent rights, trademark rights and other rights belong exclusively to Collectrium or its licensors and may not be used without the express prior written consent of Collectrium. The User is prohibited from using the "Collectrium" trademark or permanently reproduce, distribute, make publicly available, alter, or decompile the contents and computer programs entered and used on the Collectrium Website.
13. Closing provisions
13.1 The use of the Collectrium Website is subject to the Data Privacy Statement of Collectrium.
13.2 The parties agree to accept each other's legal declarations by e-mail, for the User at the e-mail address given at registration, and for Collectrium at the e-mail address firstname.lastname@example.org. E-mails are considered received when saved in a retrievable manner in the recipient's e-mailbox or that of its Internet service provider.
13.3 Collectrium reserves the right to modify these Terms and Conditions of Use at any time with future effect. Modifications which are unreasonable for the User are excepted. The User shall be promptly notified of all amendments of the Terms and Conditions of Use at the e-mail address he or she gives at registration. If the User fails to object to the validity of the new Terms and Conditions of Use within two (2) weeks from notification, the amended Terms and Conditions of Use shall be deemed accepted by the User. Collectrium shall advise the User of his right to object and the significance of the two-week period in the notice.
13.4 The User declares his or her agreement to be notified of updates and modifications of the Collectrium Website by means of a newsletter and expressly accepts the receipt of the newsletter by e-mail at the e-mail address he or she gives at registration. The User has the ability to unsubscribe from the newsletter at any time by e-mail by way of the link at the end of each newsletter.
13.5 Should one of the Terms and Conditions of Use hereinabove be or become ineffective in law or incomplete, this shall not affect the legal effect of the other provisions. The ineffective or incomplete provision shall be deemed replaced by a provision which best approximates the underlying legal idea of the ineffective or incomplete provision. The same applies, with the necessary modifications, to loopholes.
13.6 The jurisdiction is the domicile of Collectrium, to the extent permitted by law.
13.7 The law of the Federal United States applies; the UN Convention on Contracts for the International Sale of Goods is excluded.