Terms and Conditions

16.05.2018

These are the standard Terms and conditions of project-193.com and Us. To protect your own interests please read the terms and conditions carefully before you do registration and being a participant or user of artproject193. By taking part and with registration on the Website you enter into a legally binding agreement with Artist on the following conditions. You should read and understand these conditions because they affect your rights and liabilities. These terms and conditions are made in order to define and fix the rights between the artist Volker Hoffmann and participants of website project193. They made that the rights are clear when artist Volker Hoffmann will design and create a work of art made from 193 single pieces from all over the world that no trouble can be arise of any reason. These terms and conditions form a legally binding agreement between you and artist Volker Hoffmann as well as the operating company MAKE GmbH (Germany), the supplier of the platform, information service and managment of the art work projects193.

General
Artist Volker Hoffmann (hereinafter "ARTIST") operates a platform for information, communication and art work design and creation as well as for sale of work of arts and photographic art in limited and unlimited edition (hereinafter referred to as "GOODS") at http://www.project-193.com (hereinafter "WEBSITE"), with ARTIST acting as artist, designer, entrepreneur and seller and contracting party. The business relationship between ARTIST and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when registered at the Website. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With taking part in a project or the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them. 

Definition
We are: the artist Volker Hoffmann represented by MAKE GmbH, Sailerstr. 17, 80809 Munich, Germany.
You are: an interested user of our platform artproject193 and participant of project193 if you´ve been registrated for one project as your country representative on our webpage www.project-193.com

Us/Our/We etc. means artist Volker Hoffmann or MAKE GmbH (Germany).
Artist means Volker Hoffmann.
You/Yours or Participant means you, a user of our platform and information service taking part actively as participant and representative of a country for a project193 by sending us a contribute, a picture, a requested piece.or passively as supporter of our project193.
Site/Sites/Platform means website project-193.com or any other sites owned and controlled by Us.
Contribute/Picture/Requested Items/Goods means the things we are requesting for each single project193 in order to create a work of art.
Service means the process of displaying/marketing/selling the artwork.
Artwork/Artworks/Work of Art means artwork/craftwork/project-193 owned and controlled by Us solely.

Participation
Everybody can be a participant of project193 if his computer/browser depends to one of the 193 countries representing the United Nations officially at the moment when we started project193. The registration process to be a representative for a single country is based on the location of the browser/computer when the registration is done. So the country you are at the moment is key not your nationality. This has to be done that we are sure that each single item is really send from the selected country. Just this operation can make it sure that we really get an international work of art from all countries. Every person can just chose one country one time means every person can be just part of an project193 work of art once.

Goods and Transport
The goods which should be send to us when you are registered as a participant of a county will be in our possession solely after they received in our communicated address. The cost of transport fall to the participant and not to the artist. The goods have to be send in time which means a time period of maximum two weeks after registration. In case that you don´t send you will get an reminder email. If there won´t be any action from participant and the requested good will not arrive immediately the selected country of the participant will be open again. Means, the country which the participant has been selected and reserved will be free again for another interested participant who wants to choose the same country. This has to be done because a project193 has to be pushed in order to make it happen.
With the registration the participant agrees to all terms and conditions which means he also made a binding contract that the participant will send out the requested good in time. The participant is also responsible that the good will be transported in right way and will not be arriving damaged or destroyed. In case of damage or any other untypical ruined condition the participant is therefore responsible solely. There will be no entitlement of damage and no claim to anything else from the participant. We reserve the right to make entitlement of damage happen against the participant if necessary. We have also nothing to do with any damage, harm or defect which will happen during the transport. The responsibility of an uncomplicated and clean transport has the participant. So in case of a damage happen through the transport to the transport company, the transport company can assert their rights against the participant solely. If the transport company will contact us we will forward everything to you. Please make sure that you select the right transport company.

The address to send the requested goods is:

MAKE GmbH
Sailerstr. 17
80809 Munich
Germany

Substitution of the art work
The substitution of the art work of each project 193 fall to the artist solely. This includes decision like should an art work given to a museum or private art lover. Should it be an item on loan or a permanent loan for an exhibition. Also in case of selling a work of art this also falls to the artist solely. Depending also on selling the original art work of a project193 art work or any copy no matter if it is a picture, a print, a sculpture or anything else fall to the artist solely. Although the amount of a selling price or a loan. There are no co-determination rights of the participant, of you. When you take part in our project193 you have no rights and co-determination what should be done with an art of work or copies or anything else what will be done with yours contribute or good to a project193 you took part as a representative of a country. This is important because otherwise the whole project is not able to handle like e.g. a loan to an exhibition of a museum in a country or city or selling something. This is also depending to any merchandising articles or license deal made by the artist. This is also depending to the artist, to us solely.

Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
Artist disclaims any liability for the variations and changes of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the Goods be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify Artist.
Artist shall not be liable for either technical failures during the operation of the Website, or for any content on the Website or on hyperlinked websites, or for damage caused by having visited the Website or any of the hyperlinked websites. 

Copyright
The project193 itself and all work of arts and Goods no matter if they will be loaned or sold by the Artist to any museum, institution, company or private person are protected by copyright worldwide and are made available to the ordering party for its personal use. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the artwork and goods, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the Website and its contents. Only the artist can make reproduction and copies which are also protected by copyright worldwide.

Data Privacy
We take care about your data but we have to use them to give a museum or a buyer or press or institute being interested in a project193 artwork some information about the people behind and each single contribute. With the registration and participation, as well as with taken part in a protect193 actively or passively you expressly agree that the Artist will use your name, address, phone number, photo, contributes and e-mail address to process the relevant participation and to send newsletters or any information. These data can be also used for PR activities, marketing and promotion to announce the project193 idea as well as to give more information to a single project193 to the buyer. This can be done in form of a book, a paper, a picture or any other ways of communication using your data. Otherwise the data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the Goods, to the forwarding agent, the carrier or the postal service.

Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be Muncih, Germany. The contractual relationship shall be governed by and construed in accordance with German law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.

© project-193 © project193
project-193.com is owned and maintained by the artist Volker Hoffmann and us. Copyright 2016. All images and content on the project-193.com website or websites belonging to us are the protected property of Volker Hoffmann. All image copyrights are held by the artist Volker Hoffmann. No images from project-193.com may be stored, used, or distributed without the written permission from Volker Hoffmann. Used images which are not belonging to Artist has been bought officially at online photographic pages and has been paid. If you will find any pictures we are using without a permission please get in contact with us.

Disclaimer
You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.
We provide this service on an "as-is" basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.
This Agreement is entered into in Germany and shall be governed by, and shall be construed in accordance with, German law. The courts of Germany shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists' newsletter.

Using the service constitutes acceptance of these rules. 

All rights reserved.