General terms/area of validity
1.1 The following general terms of trade are valid for all contracts
entered into with cartwrite GmbH, Am Busch 3, 59439 Holzwickede,
Germany, as well as for the use of any services made available by
Museum.com.
1.2 By making use of the services offered by Museum.com the user agrees
to these terms on a binding basis, unless other terms have been
expressly agreed to, or otherwise laid down by legislation. Terms
contradicting or deviating from these general terms are not valid.
2. Museum.com services
2.1 Museum.com is a database containing information about and from
museums and historical sites and institutions which is maintained by
its registered users. Registered users can input information, such as
addresses, museum descriptions, exhibition dates, news and other
information about the individual sites.
2.2 The separate art.museum.com com gallery platform area is an
attainable data base with text and picture information from and/or over
galleries and artists´works of art, contentwise maintained by
registered users. Registered users can publish on art.museum.com
information, like address data, descriptions of offers, works of art as
work samples and exhibtion dates as well as text and picture
information about their gallery and update it any time. Galleries can
choose between a free membership with limited conditions or a
chargeable premium membership with full range of functions.
An international museum supplier directory contains a comparable offer
to museum suppliers.
Furthermore the cartwrite GmbH produce and distribute large format
prints of artworks from digitaly provided data.
2.3 In the separate museum.com PR platform area, registered users can
input articles in several different languages about the content in both
short and long textual form, with or without the inclusion of picture
material files, and in doing so make them available to third parties
for free use in media of all types. Publication takes place on
condition that the words ‘museum.com' are used in reference. The naming
of author and/or photographers remains optional. Museum.com merely
makes available the platform for the provision of the articles. The
platform can be visited and researched by other registered users.
Information provided can be downloaded by other registered users for
publication in all forms of media. Museum.com has no influence over the
later publication by third parties, but will draw attention to this
within the framework of the publication of the web offer.
2.4 In as far as Museum.com supplies free services, these may be ended
at any time without warning. A right to damages or financial
restitution for any losses incurred as a result of the ending of these
free services does not derive from the contract .
3. Rules for Use
3.1 The registered user is responsible for the correctness and
completeness of the information and input data thus provided. Prior
clarity and agreement should be obtained from authors, photographers,
illustrators, artists, etc., in order that they agree to the making
available of their work, be it in the form of articles or pictures
thereto connected, for unlimited further publishing in all web and
print media under the named publishing conditions of museum.com,
including the right to shorten articles or alter illustrations and
photographs as required. Only those articles and illustrations which
have been released for this end, without any doubt, may be input to the
press platform.
3.2 The input information will be made available for publication in the
internet or forwarded to the distribution lists without delay.
Museum.com can, however, accept neither responsibility for the correct,
complete and punctual transfer of the data, nor for the publication in
either the internet or print media.
3.3 Museum.com reserves the right to remove data input to the database,
in particular when it is clearly obsolete, exceeds available storage
capacity or is of doubtful content. This includes politically extreme
material, criminal subject matter, items endangering human rights, or
other material unsuitable for young people, i.e. all the material which
could possibly damage the good reputation of museums and historical
sites.
3.4 Only that data which is input online using the forms for that
purpose can be taken into account for publication. Unsolicited material
send by post, courier, email or telefax will neither be published nor
returned to the sender.
3.5 Museum.com accepts no liability for information based on false or
incomplete data input by users. In the case of wilful provision of
misleading or incorrect information by a user, museum.com reserves the
right to exclude the user in question from the use of the information
service and in particular to leave the input unprocessed and to make
legal claims for financial restitution in the form of damages.
4. Contractual Penalties
For each case where terms 3.1-3.5 are contravened, and excluding the
possibility of any legal continuance context, a contractual
penalty in the sum of Euro 10,000 will be charged. This does not reduce
the options for later further legal claims for financial restitution.
Furthermore, any right of use of services is cancelled automatically
and immediately in case of contravention of these terms.
5. Registration
Users who want to enter information into the museum management and
museum.com PR platform must register beforehand. Museum.com
releases the registered user through issue of a user name and password
for its services, thus permitting the user to input data as required.
Passwords and user names are to be treated in confidence. The
registration can be withdrawn by museum.com at any time, especially
when the registered user infringes the terms and conditions of use.
Museum.com will permit users in these circumstances to clarify their
actions before the decision is taken whether or not to delete the
passwords in question.
6. Guarantee/liability
6.1 Museum.com reserves the right to temporarily limit services with
regard to the capacity limits of the system. Temporary disturbances,
limitations or interruptions of services may occur in emergency or
catastrophe situations, through atmospheric conditions, geographic
states, technical hindrances, power cuts or as a result of technical
alterations in the system at museum.com, such as net improvements,
transfer of machinery or equipment, as well as other measures (such as
for example maintenance and repair work) which may be required for the
correct or improved provision of services, or for reasons of act of god
(including strikes and lock-outs). The internet provider of the user is
alone responsible for the transfer network.
6.2 Museum.com takes every care to ensure the completeness, correctness
and constant updating of the basic data material, but is under no
obligation to so do. The data, information and documentation are
derived exclusively from museums and historical sites, journalists and
writers, and are made available by museum.com without any accepted or
implied liability for their correctness or accuracy and the resulting
information therefrom. A guarantee for the completeness, correctness
and currency can not be provided. Museum.com can therefore not be made
liable for any damage or loss which might occur as a result of, or in
connection with the use of this information. In as far as linking to
other internet sites and/or servers may take place and other
information may be made available, museum.com carries out no review of
content of any such sites and/or servers and the information contained
therein and as a result can accept no liability for the latter.
6.3 The use of the services offered takes place at the user’s own risk.
Liability is not accepted by museum.com under any circumstances, unless
museum.com or one of its legal representatives or servants acts
wilfully or negligently. In case of neglect of major contractual
duties, the liability in cases of simple negligence in the case of
financial loss following foreseeable direct damage is limited to Euro
2,500. Liability is otherwise excluded.
7. Data Protection
The personal data entered by registered users will be stored and on
request deleted (notice under German data protection legislation § 28
section 1 BDSG). By completing the relevant form, the user grants
his/her permission for the necessary processing and transfer of his/her
data to other users (§ 3 TDDSG).
8. Fees and manner of payment and
issuing an invoice
The fees apply exclusive in each case for the valid value added tax.
The payment has to take place according to the agreements without cash
discount. A set-of-right or a right of retention can be made valid only
regarding such a demand, which is undisputed or validly determined.
When desired by the customer, the cartwrite GmbH will provide invoices
with value added tax identification. The invoices are dispatched by
email, an invoice can also be send by mail if the customer requested
it. A premature withdrawal desire from museum.com is in individual
cases possible, that does not lead however - also not partial - to
refund the payment already paid for the complete running time over 1 or
3 years.
9. Conclusion
9.1 If one clause, term or condition of these general terms of business
should not be legally effective, the remaining clauses, terms and
conditions remain in effect.
9.2 German law only is relevant to any agreement entered into with
museum.com.
9.3 In as far as the contractual partner is a full merchant, the court
of jurisdiction will remain agreed as Unna, Federal Republic of
Germany.
