GENERAL TRADE TERMS OF THE ART+ INTERNET PORTAL
The General Trade Terms (hereinafter also referred to as the “Terms”) regulate the use of the Art+ website – internet portal, publicly accessible at the home page address of www.artplus.cz (hereinafter also referred to as the “Art+ Website”), established and operated by the trading company Ambit Media, a.s. (joint stock company), registered headquarters: Klicperova 604/8, 150 00, Prague 5 (hereinafter also referred to as “Ambit Media”).
The main purpose of the Art+ Website is to create an efficient tool for the orientation on the Czech visual arts market, provide up-to-date information on the situation on the art market and offer a detailed analysis of auction results of individual author’s works, as well as complete sets of works of art.
Ambit Media would like to ask all persons visiting the Art+ Website (hereinafter referred to as the “Users”) who have not made themselves familiar with the Terms to do so.
It is forbidden to use the Art+ Website or any part thereof otherwise than for one’s personal purposes or for the purposes of a company employing the User and enabling him/her to use its technical equipment in connection with the fulfilment of his/her work duties. It is also forbidden to interfere with the technical or contents-related performance of the Art+ Website. Any use beyond one’s personal purposes is considered as an unauthorised interference with the rights of entities whose data, works of art and information are made accessible and disseminated through the mediation of the Art+ Website. In addition, it is forbidden to combine the contents of the Art+ Website with other author works and databases. All the limitations also apply to any databases and works of art made accessible on the Art+ Website.
The information, data and articles provided may be displayed by the User on a computer screen, PDA device or mobile phone; the individual pages may be printed on paper or stored electronically (which does not apply in the case of a server or another device interconnected with a computer network), all of this only for personal purposes.
Unless a prior consent is granted by Ambit Media, the User is not entitled:
- to archive, disseminate or communicate the specifications, data and articles available from the Art+ Website to the public; it is stipulated that this restriction also applies to the dissemination of names, including the presentation of the contents in other databases and works,
- to use the contents of the Art+ Website for a systematic processing, creation of databases and activities other than reading and viewing for one’s own purposes,
- to create a direct link (internet link) to the contents of the Art+ Website.
In the event that the User is interested in being granted Ambit Media consent with the activities specified above, he/she should contact Ambit Media by e-mail at email@example.com or by phone at +420 222 352 573.
Contents of the Art+ Website
The contents of the Art+ Website are divided into two principal parts, i.e. “freely accessible pages” and “paid pages”.
The freely accessible pages contain records with the information restricted to the following items: “author”, “name of the work of art” and “opening price”. In addition, a sample full-extent record is available from the freely accessible pages, illustrating the scope of records available from the paid pages. Every visitor of the Art+ Website is provided access to the freely accessible pages without any registration.
Exceeding the scope of freely accessible pages, the paid pages provide access to complete information on the sale of the respective works of art, sets of such works of arts, as well as the fluctuations of the domestic visual art market. The following specifications are included in detailed records of concrete works of art offered for sale: photograph of the auctioned work of art (if available); auction house, date and place of auction; auctioneer’s catalogue item number; author data (name, biographical data, location mark, attribution); data on the technique and size of the work of art; opening price, closing price, auctioneer’s commission. The “advanced search” feature enables the User to view detailed analyses of the domestic art market in different fields specified in detail according to the User’s needs and focus. The overall evaluation of the demand for works of visual art is processed by the “Art Market Index” application providing the Users, besides others, with technical texts analysing statistical data.
The paid pages are displayed to Users on the basis of their registration and payment of the appropriate fee (hereinafter referred to as the “User Fee”).
Ambit Media reserves the right to modify or extend the contents of the respective parts without prior notice, as well as the right to modify or remove any part of the contents of the Art+ Website without prior notice.
The entire contents of the Art+ Website are provided to Users for their reference rather than for the purpose of providing investment or other recommendations. Ambit Media is not an entity transacting business in the field of art and does not mediate such transactions.
The possibility to use and view paid pages is preconditioned by the User’s registration and payment of the User Fee.
The User undertakes to enter correct, complete and true information when registering for the access to paid services of the Art+ Website. The User is responsible for the fact that the electronic contact (e mail) specified during the registration process exists and that he/she is entitled to use this electronic contact for receiving electronic mail. Once the registration is completed successfully, the User’s own access account will be generated (hereinafter also referred to as the “Account”). The Account will be activated for the user once the appropriate sum is paid, not later than five workdays following the settlement date (crediting the appropriate sum to the account, delivery of a post money order).
The price for the access to the paid pages (the User Fee amount), as well as the respective payment options are specified on the Art+ Website during the registration process. The paid services are provided in specific periods of time whose respective durations are specified on the Art+ Website; in any case, they are provided for determined periods of time. Ambit Media shall inform the Users of paid services on any changes of the prices of paid services in advance by electronic mail, using the electronic contacts (e-mails) specified by them, or the change may be announced on the Art+ Website.
The User is entitled to cancel the Art+ Website registration at any time by sending an application for the cancellation of registration to the following e-mail address: firstname.lastname@example.org, or to the following postal address: Ambit Media, a.s., ART+, Klicperova 604/8, 150 00 Prague 5-Smíchov. In the event of cancelling his/her registration, the User is not entitled to be refunded the User Fee.
Liability and Guarantees
Every User uses the Art+ Website at his/her own risk. Ambit Media is not liable for the correctness, completeness and timeliness of the contents of the Art+ Website. Ambit Media is not liable for any direct or indirect damages arising in relation to the connection to and use of the Art+ Website, as well as any damages arising in consequence of its partial and/or complete lack of functionality.
Ambit Media does not guarantee the possibility of connection and faultless operation of the Art+ Website, and is not liable for any direct or indirect damages arising in the event that the connection to this website and the use of its contents are made impossible.
In the event that the Art+ Website is out of operation due to technical reasons, the User may turn to the Ambit Media company for obtaining information, using standard means of communication.
Ambit Media is not liable for the veracity, contents and form of third person advertisements on the Art+ Website.
If a legal entity is to register for a paid service, it may do so only through the mediation of a person who is entitled to do so in compliance with its internal by-laws.
Handling Users’ Data
The Users of paid services provide the following data to the Ambit Media in relation to their registration: User’s name and surname, User’s address (street, number, city and postal code), telephone and e-mail, invoicing information – company name, its address, identity number, tax identity number – if applicable (hereinafter also referred to as the “Data”). Providing the Data for registration, the User gives his/her consent with the Data being processed by Ambit Media in compliance with Article 2, Letter e) of Act No. 101/2000 Coll. of the Collection of Laws for its internal as well as marketing purposes.
Ambit Media shall not process such data beyond the purpose arising out of the character of the service rendered and outside the scope stipulated in these Terms; in particular, it will not disclose the Data to any other entity without the User’s consent with an exception of cases stipulated in these Terms, legal rules and regulations or when an express consent is obtained from the User.
With respect to the registered access, Ambit Media reserves the right to use the Data provided in relation thereto for the marketing purposes of Ambit Media and for sending business messages. The User is enabled to refuse his/her consent with further sending of business messages by cancelling his/her registration or sending an e-mail to email@example.com, stating “STOP OS” as the subject.
Ambit Media is entitled to contact Users registered for a paid service for the purpose of checking whether the data provided by them is up-to-date and correct. Any data raising justified doubts regarding its correctness will be blocked and cleared in the event that it is impossible to correct or verify it or in the event that such a correction or verification is connected with excessive costs or obstacles.
If the registration ceases to exist, the collected Data will be cleared unless any obligation to keep the data is implied by law. Natural persons providing data of a personal character retain all their rights pursuant to Act No. 101/2002, on the protection of personal data and modification of certain acts, the right to information pursuant to the provisions of Article 21 of the above-specified Act in particular.
Ambit Media reserves the right to change the Terms without the User’s prior consent by publishing their latest, new and complete wording on the Art+ Website. Upon such publishing, the new wording of the Terms shall become effective unless a later date is specified in the Terms. Ambit Media shall advise the Users of paid services on any changes of the Terms taking place or planned to take place by means of electronic mail, using the electronic contacts (e-mails) specified by them, or such information shall be published on the Art+ Website.
Unless stipulated otherwise, the Terms shall come into force and effect on the day of their first publishing on the Art+ Website.
Done in Prague on 1 December 2009.