ARTOUI Artist Contract

On the website ARTOUI.com, ARTOUI offers a platform with content on artists and works of art (hereinafter “information” and / or “content”). This information and content are freely accessible to everyone in accordance with these terms of use for private purposes. Users do not have to register to use this content.

The following artist contract regulates the rights and obligations that apply to both contracting parties. By signing this contract, the artist accepts this artist contract and the general terms and conditions.

The artist can call up these general terms and conditions at any time under the link https://artoui.com/en/pages/terms-and-conditions (English and German version available) and print them out. In addition to these general terms and conditions, the terms of use as well as the data protection guidelines of ARTOUI apply. ARTOUI does not recognize deviating conditions of the artist with regard to participation in ARTOUI, unless ARTOUI has expressly consented to their validity in writing. Should separate conditions apply in addition to individual or new services or products from ARTOUI, the artist is expressly advised of the relevant conditions for this service or product. Such more specific conditions then take precedence over these general terms and conditions for the use of such services or products.

The prerequisite for registering with ARTOUI is the age of majority and full legal capacity of the applicant as well as the activity as an artist. ARTOUI reserves the right to exclude persons whose full legal capacity is in doubt from using the service.

ARTOUI's services as part of the registration as an artist on ARTOUI.com are offered to the artist in a service package that is free of charge.

ARTOUI is free at any time to offer different types of services or products, to change their scope of services and to offer additional services. Each artist can only register once.

The participation of artists on the ARTOUI.com platform can be requested using the registration form on the ARTOUI website or by email. The artist can manage his profile himself or have the profile administered by a curator from ARTOUI. By completing the registration process, the user submits an offer to conclude the contract for the use of ARTOUI's services. ARTOUI accepts this offer by activating the profile page of the artist and the services of ARTOUI. For this, ARTOUI sends the artist a confirmation letter by email. This confirmation creates the contract between the artist and ARTOUI.

Participation as an artist begins with complete registration, the creation and activation of the profile page and the dispatch of the confirmation letter by ARTOUI and is valid as long as ARTOUI offers its services in the same form at ARTOUI.com.

After successful registration by the artist or a curator from ARTOUI, each artist receives their own profile page on ARTOUI, which on the one hand shows the content entered by the artist in the registration form and on the other hand all works of art that the artist can show and offer online as part of ARTOUI's services.

The artist's offers also appear on the overview pages of the designated categories and based on information specified by the user in search and filter functions.

ARTOUI has the right to request information from the artist to verify identity

The contract between the artist and ARTOUI is concluded for an unlimited period. The artist and ARTOUI are free at any time to withdraw in writing from the contract without giving reasons with a notice period of 12 months. In this case, ARTOUI will delete the artist's profile page and all of his works of art free of charge.

All ARTOUI services and products, including their use, are limited to the artist alone and are not transferable or expandable to third parties. Without the prior written consent of ARTOUI, the customer may not assign, sublicense, transfer, change or otherwise dispose of his rights under this contract.

ARTOUI reserves the right to reject applications for participation in ARTOUI or other ARTOUI services and products at any time without giving reasons.

The artist undertakes to provide correct and complete information about his identity, contact details and all other requested information during registration and for the entire duration of participation. Pretending to be someone else's identity is expressly forbidden. During the term of the contract for the services and / or products used, all data must be kept up-to-date. A change to the data provided during registration must be reported and requested immediately using our contact form.

The artist may only use the services and products of ARTOUI in a way or for purposes that do not violate the general terms and conditions or applicable law or violate the rights of third parties. In particular, the dissemination of racist, pornographic, violence-glorifying or harming information as well as immoral information via any of our communication channels is prohibited. The dissemination of information that affects or endangers children or young people in their development or upbringing or that violates human dignity or other legal interests protected by criminal law is also prohibited.

The artist undertakes not to take any measure that adversely affects the ability of ARTOUI or a third party licensor to generate income from the sale or marketing of ARTOUI's services or products.

The person applying for the artist is responsible for all uses made under the name of the registered artist. This includes observing the rights of third parties and these general terms and conditions.

As soon as there is a suspicion that third parties are using the profile illegally, the artist is obliged to inform ARTOUI immediately of the unauthorized use. In the event of knowledge or justified suspicion of abuse, ARTOUI may take the necessary measures and in particular temporarily block or close access to the services and products.

ARTOUI can suspend the provision of the services and products made available under this contract at any time after written notice and without incurring any liability for damages, even if there is a reasonable suspicion that the services or products are being used in breach of the contract after a corresponding warning. A first warning is sent to the customer's address by email.

If the artist culpably violates these general terms and conditions or applicable law, ARTOUI can take the necessary measures. In the case of minor violations, these can be limited to the indication that these conditions, statutory provisions or the duty of consideration have been violated. Serious violations can lead to the temporary or complete blocking of individual services or have legal consequences. For all cases of the artist violating one or more provisions of these General Terms and Conditions or applicable law, ARTOUI therefore reserves the right to exclude the artist from the service with immediate effect without giving reasons and excluding the artist from claiming damages to completely delete his profile including all his data. In such cases, we expressly reserve the right to initiate civil and / or criminal action, in particular to claim damages and / or to file a criminal complaint.

ARTOUI also reserves the right to reject or delete profile pages or individual works of art without giving reasons, in particular if ARTOUI is requested to act in this way by an official, state or other legally authorized div; if the artist does not fulfill his obligation to be up-to-date or offers objects over which he has no power of disposal or which are not in his possession; if art objects are illustrated in poor quality and thus impair the overall quality of the website or due to other unspecified circumstances, with or without a reason, entirely at ARTOUI's discretion. The artist relinquishes any claim against ARTOUI if such a situation arises.

The artist can revoke this contract within fourteen days, unless ARTOUI has already completed all or part of the service

A declaration of revocation by email is sufficient, but the revocation can also be made by letter or fax. The revocation period is met if the user sends his revocation within fourteen days.

ARTOUI can terminate the contract without observing a period of notice by giving written notice to the artist if the artist does not meet his contractual obligations or otherwise violates the contract. This does not apply to minor breaches of contract.

Both contracting parties can terminate the contract in writing for an important reason (e.g. death, serious accident, natural disaster, etc.) without observing a period of notice. An important reason exists in particular if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired.

ARTOUI makes the data and / or information provided by the artist publicly available to other users, provided that this data and / or information does not violate statutory provisions or these general terms and conditions.

The artist is obliged to provide only true and not misleading information, content and images to ARTOUI and not to withhold any properties that significantly reduce the value of the works of art on display. The misleading of users, the use of the system for advertising purposes without the consent of the artist and other inappropriate uses are prohibited and will be pursued consistently. In such cases, ARTOUI reserves the right to notify the competent authorities.

ARTOUI is entitled to block information and content that the artist has sent to ARTOUI for use without prior notice if, based on actual evidence, there is reasonable suspicion that this information and / or content violates statutory provisions or these general terms and conditions. A justified suspicion exists in particular if official or criminal investigations are carried out against the artist because of information and content that he has sent ARTOUI. ARTOUI is entitled to maintain the ban until the suspicions have been resolved. ARTOUI reserves the right to check information and content that the artist posts in publicly accessible areas before activation and, if necessary, to reject or change them accordingly.

The content and information sent by the artist, as well as works of art and their images, must not violate applicable law, the rights of third parties, these general terms and conditions, the terms of use of ARTOUI or against common decency. In particular, the artist is prohibited from using offensive or defamatory content, regardless of whether this content and information relates to other users, ARTOUI employees or other people or companies. Furthermore, the artist is not allowed to use, advertise, offer or distribute pornographic products or products that violate youth protection laws, or to unreasonably harass other users (especially through spam) that are legally protected (e.g. by copyright, trademark, patent law) To use content without being authorized to do so, or to advertise, offer or distribute legally protected goods or services and to undertake or promote anticompetitive activities.

ARTOUI reserves the right, but does not enter into any such obligation, to check the content of any text as well as photos or graphic files sent in for compliance with these general terms and conditions and laws and regulations and, if necessary, to adapt or delete them in whole or in part. Insofar as the artist would like to set further links on ARTOUI, ARTOUI may check their content. If it turns out that these external websites contain illegal material of any kind, the relevant links will not be displayed by ARTOUI.

ARTOUI is not liable for the correctness and completeness of the content of the information provided by the artist alone or for other content generated by the artist. The artist releases ARTOUI from all claims, including costs and fees, which the artist subsequently results from their participation in ARTOUI.

Most of the information and content available to the artist in connection with the use of ARTOUI are the intellectual property of others and are protected by copyrights, trademarks or other protective rights. All information and content that the artist sends to ARTOUI must be approved for this purpose. The artist may not infringe any copyrights, trademarks or other property rights of third parties with his use of ARTOUI's services and products.

With the registration and the further delivery of content and information, the artist gives ARTOUI the non-exclusive right to all transmitted content and information including the name of the artist and images on the ARTOUI platform and associated websites as well as in ARTOUI's communication without restrictions for purposes to display, use and reproduce. By uploading content and images, the artist transfers to ARTOUI a non-exclusive, free, unlimited and transferable right of use to use the content in any form and in all media. This includes, in particular, the right of reproduction, distribution and transmission as well as the right to public reproduction, the right to make publicly available, the right to broadcast and the right to reproduce using image and sound carriers. 

The artist gives ARTOUI the right to offer ARTOUI users the opportunity to share, recommend and forward all of the artist's content and information via third parties, in particular social networks and e-mail. ARTOUI also has the right to provide information on third-party sites, in particular on social networks, by naming the artist and his works of art with the information, content and images sent by the artist.

All content and information that has been sent to ARTOUI for publication must be kept as up-to-date as possible by the artist. The artist has to contact ARTOUI via email within fourteen days of changes and updates to content, information, images and availability status or to make the changes independently in the artist profile. ARTOUI then makes the adjustments.

ARTOUI has the right to correct, change, shorten or complete content and information. In addition, ARTOUI has the right to reduce image data, provided that no misleading impression of the work of art is created.

By registering, the artist agrees to the publication of feedback information from users. The artist accepts that users can rate him or comment on works of art and exchange experiences on his profile page. ARTOUI assumes no liability for the correctness and completeness of these comments and reserves the right to delete individual comments without giving reasons. If negative comments regarding the artist's business activities with customers accumulate, ARTOUI will consult the artist and can partially or completely exclude the artist from ARTOUI without giving any further reasons.

ARTOUI assumes no liability for any misuse of content, information, images and documents of the artist on ARTOUI or connected websites by other users or third parties. ARTOUI is also not liable for the improper use of the contact options via ARTOUI by users or third parties. However, ARTOUI is able to limit the artist's contact options at any time upon request.

If the artist requests the removal of all of the artist's content and information, ARTOUI cannot guarantee complete deletion. In particular, content in the news, social media and other channels will not be removed. In addition, ARTOUI cannot remove information that has been saved and published by various search engines.

When registering, the artist can send a limited number of works of art or their images and descriptions to ARTOUI for publication using the registration form. The posting of a work of art by the artist is binding. All information provided by the artist in the relevant forms must be correct and complete.

The availability of the work of art must be given when the relevant data is transmitted to ARTOUI. The artist undertakes to upload only those works of art to ARTOUI that are actually available and are in the legitimate possession of the artist. All offered works of art must also be movable and transportable. Uploaded works of art must not infringe the rights of third parties.

The artist undertakes, if he offers a work of art for sale via ARTOUI, that the actual condition and the description of the work correspond to the description on ARTOUI. The artist undertakes not to willingly change, add to or modify a work of art or a component of a work of art, or its image and description, after it has been entered at ARTOUI, and that he brings this version into circulation. The image and description of a work of art must come as close as possible to the actual work of art. Furthermore, the image and the description may relate exclusively to the work of art and may not infringe the rights of third parties. Any form of advertising, including in the form of watermarks or copyright imprints, on images or in descriptions, is prohibited by the artist.

The artist may only offer and sell originals or reproductions (art prints, photographs, sculptures, etc.) via ARTOUI that are correctly and completely declared and originate from the specified artist. In the case of limited editions, the amount of the edition and edition number must be shown.

In principle, only works of art and handicrafts from the categories available on ARTOUI (painting, drawing, graphics, photography, sculpture, design) may be offered.

ARTOUI always has the right to change and adapt the order, categorization, classification and presentation of the offers on the platform.

ARTOUI reserves the right to reject individual works of art without giving reasons and not to publish them on ARTOUI.

The artist can also offer works of art shown and offered via ARTOUI for sale on other portals or directly in a studio or gallery. This does not affect separate agreements between ARTOUI and the artist on exclusive series or individual works that are offered to ARTOUI by the artist for exclusive marketing. The artist must always keep the range of works of art up to date. Artworks sold elsewhere or no longer available must be reported to ARTOUI or independently adjusted in the artist profile.

All price information provided by the artist in the form are final prices in euros including any VAT and other price components, are publicly displayed and are valid until the artist is revoked. Any packaging and shipping costs are not included in the sales price and must be agreed with the customer independently. The artist is not allowed to demand additional fees or the like from the buyer in addition to the sales price and the packaging and shipping costs. Exceptions are the additional shipping or customs costs for deliveries abroad as well as costs in connection with specific customer requests.

The artist is prohibited from circumventing ARTOUI's fee structure in any way.

The artist can track his disbursement amounts in his artist profile after the successful sale of his works of art. If an ARTOUI curator takes care of the artist profile, the artist will be informed of the sale and the payout amounts by email.

ARTOUI does not guarantee that the ARTOUI website and in particular the forms will be available to the artist at certain times. In particular, ARTOUI therefore does not accept any liability in the event of disruptions, interruptions or a possible failure of the website. The artist accepts that ARTOUI has no influence on the services of telecommunications and software providers and is not liable for their actions and omissions or for errors in their technology or system failures based on them. ARTOUI therefore does not guarantee that access to the products provided will always be free of disruption. In the event of a disruption that specifically affects the artist's website, the artist must inform ARTOUI via their contact form and ARTOUI will make reasonable efforts to remedy the reported disruptions or defects.

ARTOUI is not liable for non-performance of this contract due to events beyond its control such as war, strikes, floods, official restrictions, power outages or damage or destruction of network devices.

ARTOUI assumes no liability to users or third parties for the content posted by the artist. The artist is solely responsible for all names, content, information and images that the artist sends to ARTOUI.

The artist releases ARTOUI from all claims, including claims for damages, that other users or other third parties assert against ARTOUI due to a violation of their rights through the content posted by the artist on ARTOUI or their use. The artist assumes all reasonable costs incurred by ARTOUI due to a violation of the rights of third parties, including the reasonable costs incurred for legal defense. All further rights and claims for damages of ARTOUI remain unaffected. The above obligations of the artist do not apply if the artist is not responsible for the infringement in question.

ARTOUI is not liable for any claims resulting from improper use by the artist of the services and products made available under this contract. The artist indemnifies ARTOUI against all third-party claims resulting from an infringement of the law by the artist or a third party in connection with the use of the services and products provided by ARTOUI in violation of the contract. If such a violation of the law is the responsibility of the artist or a third party, the person concerned bears all legal prosecution costs incurred in connection therewith, including legal and court costs.

The artist further undertakes to hold ARTOUI harmless from any kind of action, damage, loss or claim that may arise from any misuse by the artist and the violation of these general terms and conditions. In particular, the artist undertakes to exempt ARTOUI from any liability and from all obligations, expenses and claims arising from damage due to insult, defamation, defamation, violation of personal rights, due to the failure of services for other users, due to the violation of intellectual property (trademarks, copyrights, etc.) or other rights. The indemnification obligation also extends to the costs of legal defense necessary to defend against such claims (legal fees).

ARTOUI does not guarantee the artist that participation in ARTOUI will meet the artist's expectations or that participation will achieve a specific goal pursued by the artist.

ARTOUI is not liable for economic, physical or immaterial damage resulting from the use of ARTOUI for the artist, unless the damage can be proven to be based on intent or gross negligence on the part of ARTOUI or its employees. ARTOUI is therefore only liable to the artist with regard to possible gaps or errors in the provided products for damage that is based on willful or grossly negligent behavior of the representatives of ARTOUI or its vicarious agents.

ARTOUI is not liable for unauthorized access to personal user data of the artist or users by third parties (e.g. through unauthorized access by "hackers" to the database or the website). ARTOUI is also not liable for the fact that details and information that the artist himself has made available to third parties via ARTOUI are misused by them.

In all other cases, ARTOUI's liability is limited to grossly negligent or willful acts on the part of its employees or vicarious agents. This does not apply to liability for damage resulting from injury to life, body or health or to liability under the Product Liability Act.

ARTOUI reserves the right to reduce, change or expand the functionality of the website, its layout as well as website name and web address at any time at its own discretion. This can be done without prior notice and giving reasons.

ARTOUI is entitled at any time to completely or partially discontinue the services of ARTOUI with immediate effect and to delete all stored data without giving reasons, excluding any claims for damages by the artists.

ARTOUI reserves the right to change these general terms and conditions at any time and without stating reasons with effect for the future, insofar as this is reasonable for the artist, taking into account the legitimate interests of ARTOUI, without having to inform the artist about it.

Any change to the General Terms and Conditions will come into effect after this change is published on the ARTOUI website. The publication of this change will take place without further notice to the artist. The newly dated agreement published on this website then replaces the previous agreement. The artist is responsible for regularly checking the ARTOUI website for changes. If the artist continues to use ARTOUI services and products after the publication of an amended agreement, the amended agreement is deemed to have been accepted.

These general terms and conditions and their changes must be made in writing. There are no side agreements.

Should individual regulations of these general terms and conditions be or become ineffective, this shall not affect the effectiveness of the remaining regulations. The contracting parties undertake to replace an ineffective regulation with an effective regulation that comes as close as possible to the economically intended purpose of the ineffective regulation. This applies accordingly to loopholes in the contract.

German law applies exclusively to these general terms and conditions and to the relationship between the artist and ARTOUI.

The place of performance is Munich, Germany. For actions by ARTOUI that are directed against the artist and for actions by the artist against ARTOUI, the place of jurisdiction is the registered office of ARTOUI. For users who are merchants, special funds under public law or legal persons under public law, the place of jurisdiction is also the headquarters of ARTOUI.

By signing up you accept the terms for use.