§ 1 Registration
1. Requirements: Registration with KUNSTMATRIX.com is only permitted for corporations and individual persons of full legal capacity. It is carried out by opening a member account and accepting these terms of service. There is no entitlement to a registration with KUNSTMATRIX.com. A user account is not transferable.
2. Registration: The provided data requested on the form pages during registration must be complete and correct. The e-mail address provided must be correct and valid. The user contract is formed and the membership is activated by a confirmation e-mail sent by KUNSTMATRIX.com following the registration. The registration of a legal person may only be done by an authorized natural person
3. User name and password: During registration, the user has to choose a user name and password. This user name can be freely selected, but may not include any e-mail address or URL, nor may it violate another party's rights to names and brands. The user name chosen may not violate any ethical principles. The user must keep their chosen password secret, and the password must only be entered in the designated spaces at KUNSTMATRIX.com. KUNSTMATRIX.com will never ask a user for their password on the telephone, by e-mail or through other websites. The user is solely responsible for any losses or drawbacks suffered by himself, other users, KUNSTMATRIX.com or other parties resulting from lack of care for password security.
4. Multiple accounts: In principle, users may create multiple user accounts. Any abuse of the multiple account feature is prohibited. The creation of more than 20 user accounts for one person is considered an abuse.
5. Blocking user accounts: KUNSTMATRIX.com reserves the right to block a user account or rescind the user contract as a whole, if improper or abusive usage of the platform is detected. This includes any usage violating the terms of service or statutory provisions, and any usage running contrary to the purpose and intent of KUNSTMATRIX.com. When blocking an account, KUNSTMATRIX.com will consider all justified interests of the affected user. The user will be informed of the reasons for blocking the account by e-mail. The blocked account can be reactivated. There is, however, no obligation for KUNSTMATRIX.com to reactivate the account.
6. Termination of a user account: A free account with KUNSTMATRIX.com is valid for an indefinite time. The account can be terminated by either party at any time and without prior notice. To terminate your account with KUNSTMATRIX.com, send a short e-mail with the subject heading “Termination of my account” and your user name to info@kunstmatrix.com.
§ 2 Rights and Responsibilities
1. Agreement: By registering with KUNSTMATRIX.com, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
2. Responsibility: The user is solely responsible for all transferred contents and for his own demeanor on KUNSTMATRIX.com. The user agrees to not violate laws and regulations within the boundaries of KUNSTMATRIX.com. In case of any violation of the codes of law, ethical principles, these terms of service, or for other important reasons, we reserve the right to instantly terminate the user's account and delete all images and contents from the KUNSTMATRIX.com website as we see fit.
3. Obligations: The user agrees to a) not transfer copyrighted material or contents that would infringe the rights of other parties in any other way to the KUNSTMATRIX.com website, to b) not insult, libel, harass or harm other users in any way, to c) not use the data and e-mail addresses acquired by using KUNSTMATRIX.com for commercial advertising, and to d) not use the website KUNSTMATRIX.com for contents that are pornographic, national socialist, racist or harmful to children or that constitute a glorification of violence.
4. Inspection: KUNSTMATRIX.com reserves the right - but does not incur any liability – to inspect, edit, delete or block contents that violate user obligations or the letter of the law. This also applies if a violation is suspected. There is no obligation for KUNSTMATRIX.com to publish images and contents on the KUNSTMATRIX.com website.
5. Copyright: By transferring any content onto the server, the user guarantees that he is entitled to provide this content for publication within the KUNSTMATRIX.com website without any claims for compensation by KUNSTMATRIX.com or other parties.
6. Indemnity clause: The user exempts KUNSTMATRIX.com from all claims other parties may assert due to a violation of their rights, especially their copyrights, licensing rights, competition regulations or any other property rights by the content provided by the user. The user is obliged to reimburse all costs incurred in legal action effected by the violation of rights. The user agrees to support KUNSTMATRIX.com by all means possible in meeting all third party claims based on his contents, especially by providing all documents necessary for legal defense.
7. Subject to consent: The website KUNSTMATRIX.com and its contents are protected by copyright and other property rights. Use of these contents is subject to existing copyright laws and property regulations. Any use of these contents, including the use of extracts, is subject to prior consent of the rights owners. It is not allowed to copy any contents by saving them locally or printing them.
8. Privacy: KUNSTMATRIX.com guarantees compliance with privacy and data protection regulations. All user related data is only processed and stored as necessary to perform the user contract. All activities on KUNSTMATRIX.com are recorded along with the respective IP address. Find more detailed information on our Privacy page.
§ 3 Liabilities and limitations
1. System failures: In principle, KUNSTMATRIX.com strives to maintain service for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures. Scheduled offline periods are necessary to maintain and update the website. These will be announced in advance and do not constitute a breach of KUNSTMATRIX.com's contractual obligations. KUNSTMATRIX.com can not guarantee the availability of their internet services at all times. If labor disputes, acts of God, war, riots or other circumstances beyond the control of KUNSTMATRIX.com prevent KUNSTMATRIX.com from fulfilling their contractual obligations, KUNSTMATRIX.com shall face no legal consequences.
2. Exemption from liability: KUNSTMATRIX.com is not liable for contracts formed between its users. The user also exempts KUNSTMATRIX.com from all claims other users or other parties may assert due to his or her usage of KUNSTMATRIX.com. If the rights of other users or other parties are violated by the contents provided or by other usage – such as message board activity, messaging or other - the user is obliged to reimburse all costs incurred in legal defense, including legal fees and costs. This does not apply if the user is demonstrably not responsible for the rights violation.
3. Limitation of liability: Towards business partners, and unless essential contractural obligations are violated, KUNSTMATRIX.com is only liable for damage if and insofar as KUNSTMATRIX.com, its legal representatives or its executive employees can be charged with deliberate intention or gross negligence. For all other servants and assignees, KUNSTMATRIX.com only takes responsibility in the case of deliberate intention and insofar as essential contractual obligations are violated intentionally or by gross negligence. KUNSTMATRIX.com is not liable for consequential loss, especially not for missed profits, unless their legal representatives, executive employees or servants and assignees can be charged with deliberate intention and gross negligence. Unless deliberate intention and gross negligence can be observed, KUNSTMATRIX.com's liabilities only cover damages typically predictable at the time of contract formation.
Towards consumers, KUNSTMATRIX.com is generally only liable for damages caused by an intentional and negligent violation of obligations. This limitation of liability includes all legal representatives and all servants and assignees of KUNSTMATRIX.com. If essential contractual obligations are violated, KUNSTMATRIX.com can be held responsible for any negligence on the part of its legal representatives and servants and asignees. Unless deliberate intention and gross negligence can be observed, this liability only covers damages typically predictable at the time of contract formation.
The aforementioned limitations of liability do not apply if KUNSTMATRIX.com accepts explicit guarantees. Neither do they apply for damages from the loss of life, injury and health damage, or where mandatory legal regulations apply.
§ 4 Final provisions
If the user represents a business, the user contract including these terms of service is subject to substantive law of the Federal Republic of Germany and German law, excluding CISG. If the user is a consumer, the user contract including these terms of service is subject to substantive law of the Federal Republic of Germany and German law unless there are conflicting mandatory legal regulations, specifically consumer protection laws. If the user is a merchant in terms of the code of commerce, a special fund under public law or a legal person under public law, the exclusive court of jurisdictions for all disputes based on the user contract and these terms of service is determined by the location of the registered office of KUNSTMATRIX.com. KUNSTMATRIX.com reserves the right the modify the terms of usage and general conditions without giving reasons. All changes will be announced in time on the website KUNSTMATRIX.com and the user will be asked for their compliance. If the user does not object, the modifications take effect. If the user objects, the account will be terminated. If one or more than one of these regulations should become ineffective, the other regulations will remain effective in spite of this. The contractual partners will replace the ineffective terms with a regulation which matches their intentions best. The same applies to any possible omissions in these terms of use.