Terms

1.  Scope

These Terms and Conditions apply to all agreements between Die Bunten (association) (hereinafter “Platform”) and participating artists and artisans (hereinafter collectively referred to as “Participants”).

Where applicable, specific agreements with ARTMODE Partners may supplement these Terms and Conditions.

2.  Nature of the Platform

Artmode Gallery is a curated art, artisan, and cultural platform. The Platform presents artists, artisans, artworks, and artisan designs and facilitates connections between Participants, collectors, buyers, interested parties, and partner organizations.

The Platform may also cooperate with Charity / Aid Organizations, Non-profit Projects, Art Associations, and Cultural Partners.

The Platform is not a seller, reseller, or contractual party in transactions between Participants and buyers or other third parties.

3.  Enquiries and Forwarding of Enquiries

The Platform receives enquiries from collectors, buyers, or other interested parties through its “Enquire” function and forwards them to the respective Participant.

After forwarding, all communication, negotiation, and agreements take place directly between the Participant and third parties.

The Platform is not involved in: - pricing or negotiation - payment processing - contractual agreements between Participants and buyers - shipping or delivery - complaints or disputes

4.  Participating/Onboarding 

There are 3 ways to join or participate in the ARTMODE platform as an artist or artisan:

1. Via RG10 Gallery as an associate member of the supporting association Die Bunten. 

2. Via LichTraum by Sonia Siblik: If you would like to participate in ARTMODE without becoming a member, you can join through our lead partner, LichTraum by Sonia Siblik.

3. Via a Partner Art Association: ARTMODE collaborates with art associations and artist collectives. Please check with your association to see if a partnership agreement is already in place. 

Please contact us via the contact form and let us know which "onboarding option" sounds best to you.

5.  Physical Presentation

The Platform may offer opportunities for physical presentation, including spaces such as RG10 Gallery or LichTraum by Sonia Siblik.

The Platform acts solely as an organizer/facilitator unless otherwise expressly agreed.

Transport, installation, and insurance of artworks or artisan designs remain the responsibility of the Participant unless otherwise agreed.

6.  Participant Responsibilities

Participants confirm: - they hold all necessary rights to submitted works, designs, images, texts, and other materials - no third-party rights are infringed - all provided information is accurate and up to date.

Participants are solely responsible for agreements and transactions with third parties.

7.  ARTMODE Partners

The Platform may cooperate with organizations and initiatives in the following categories: - Charity / Aid Organizations - Non-profit Projects - Art Associations - Cultural Partners.

Partnerships may include profile presentation, promotion, exhibitions, events, projects, networking activities, or other forms of cooperation.

The scope and conditions of each partnership may be agreed individually between the Platform and the respective Partner.

The presentation of an organization, project, association, or institution as an ARTMODE Partner does not constitute a guarantee or endorsement of all activities of that Partner.

Partners are responsible for the accuracy and legality of the information and materials they provide to the Platform.

8.  Voluntary Donations and Social Engagement

The Platform encourages participating artists and artisans to donate a portion of the proceeds from sold works or artisan designs to a charitable organization or non-profit project.

Unless otherwise expressly agreed, such donations are voluntary. The amount of any donation is determined by the respective artist or artisan.

Unless otherwise expressly agreed, donations are made directly by the artist or artisan to the respective organization. The Platform does not collect, hold, administer, or transfer donation funds.

The Platform is not responsible for the execution, documentation, tax treatment, or tax deductibility of donations made by Participants.

9.  Liability

The Platform is liable only for intent and gross negligence, to the extent permitted by applicable law.

No liability is assumed, to the extent permitted by applicable law, for: - agreements between Participants and third parties - failure of sales - damages arising from external agreements - loss of or damage to artworks or artisan designs, unless explicitly agreed otherwise - acts, omissions, statements, or activities of ARTMODE Partners - voluntary donations made or promised by Participants.

10. No Guarantee of Success

The Platform does not guarantee sales, visibility, successful enquiries, successful connections, or any particular outcome from participation or partnership.

11. Copyright and Use of Materials

All copyrights and other intellectual property rights remain with the respective rights holder.

Participants and Partners grant the Platform a non-exclusive right to use submitted images, texts, logos, and other materials for the presentation, communication, and promotion of ARTMODE and the respective profile, work, project, or partnership.

12. Data Protection

Personal data is processed in accordance with the Privacy Policy and the GDPR.

13. Applicable Law and Jurisdiction

Austrian law applies.

Any provisions concerning jurisdiction apply only to the extent permitted by applicable law.

14. Final Provisions

If any provision of these Terms and Conditions is invalid or unenforceable, the remaining provisions remain in effect.