Artistic Hub
General Terms and Conditions of Use for Artistic Hub – Online and Print
These Terms of Use govern your access to and use of the websites www.artistichub.online and www.artistichubmagazine.com, as well as the corresponding mobile applications and offerings of Artistic Hub (hereinafter referred to as "digital offerings of BISTRY GmbH").
Artistic Hub Magazine is part of BISTRY GmbH, located at Gewerbestrasse 5, 6330 Cham, Switzerland (hereinafter referred to as "BISTRY").
By using our digital offerings, you confirm that you have read, understood, and accepted these Terms of Use.
Scope of the Terms of Use
Your use of the digital offerings constitutes an agreement between BISTRY GmbH and yourself, governed by these Terms of Use.
Certain services within our digital offerings—especially participation in digital exhibitions—are available only after registration and approval by Artistic Hub Magazine. In addition to these Terms of Use, such services are subject to the General Terms and Conditions and the Privacy Policy of BISTRY GmbH. In the event of any conflict between these Terms of Use and the General Terms and Conditions of BISTRY GmbH, these Terms of Use shall prevail.
Some digital offerings of Artistic Hub Magazine may be subject to special terms of use, which will be explicitly highlighted within those offerings. If there's a conflict between these Terms of Use and any special terms, the special terms shall take precedence.
Individuals from the European Union may use the digital offerings of Artistic Hub only if they are at least 16 years old or have parental consent.
Registration
Certain features of Artistic Hub Magazine require separate registration and approval by Artistic Hub. These features are governed by these Terms of Use, as well as the General Terms and Conditions and the Privacy Policy of BISTRY GmbH.
Data Protection
The processing of data by Artistic Hub is governed by the Privacy Policy of BISTRY GmbH.
User Responsibility for Content
You are solely responsible for all content you create.
You agree not to upload any content that violates Swiss law or infringes upon the rights of third parties. Specifically, you commit not to upload any content that is indecent, defamatory, offensive, racist, glorifies violence, threatening, pornographic, or obscene, and to respect the copyrights, trademarks, and other rights of third parties.
Additionally, you should refrain from uploading content that is irrelevant or unrelated to the topic at hand, as well as any advertising or promotional materials.
Our editorial team reserves the right to refuse publication of comments without stating reasons and without prior notice, to delete or shorten them partially or entirely, and to suspend user accounts.
Uploaded content is publicly accessible and may be editorially reused and published by BISTRY GmbH (including your username). Content published by users may appear in search engines; BISTRY GmbH has no influence over the removal of content from search engine results.
Submission of Artwork and Granting of Rights
You affirm that you hold all necessary rights to the artwork you submit and have obtained consent from any co-authors or collaborators. You explicitly declare that the submission and use of your artwork do not infringe upon any third-party rights. By submitting artwork to Artistic Hub, you grant BISTRY GmbH an unrestricted, perpetual, worldwide, non-exclusive right to use your artwork. This right includes, in particular, the reproduction, publication, editing, distribution, and public display of the artwork in any form and across all media channels, including print and online publications, social media, exhibitions, and other digital or physical presentations.
BISTRY GmbH is also authorized to make the artwork available to third parties, including partners and business associates, for use in joint projects, promotional activities, or publications. You agree that such use occurs without any additional compensation.
You release BISTRY GmbH from any third-party claims that may arise in connection with the use of the submitted artwork, including associated legal and court costs. BISTRY GmbH reserves the right to remove content that violates applicable laws or these Terms of Use without prior notice.
Granting of Rights
You affirm that you hold all rights to the content you upload and have obtained consent from all co-authors and contributors.
By uploading content, you grant BISTRY GmbH an unrestricted, perpetual, worldwide, non-exclusive right to use and edit your content. The content may also be published on third-party websites and apps.
Indemnification
You agree to indemnify and hold harmless BISTRY GmbH, its affiliates, officers, and employees from any legal disputes, damage claims, and other actions or demands made by third parties in connection with your content or behavior, including associated legal and court costs.
Intellectual Property Rights
BISTRY GmbH is the owner and operator of the digital offerings of Artistic Hub. All trademarks, names, logos, images, photos, graphics, designs, content, texts (including advertisements), layouts, software, and other materials used therein belong to BISTRY GmbH or authorized third parties. Reproducing (in whole or in part), transmitting (electronically or by other means), modifying, linking (including framing), or using such elements for public or commercial purposes without prior written consent from BISTRY GmbH is prohibited.
Systematic extraction of content or data from the websites of BISTRY GmbH (web scraping), as well as text and data mining (TDM)—including data retrieval, website crawling, content scraping, or database searching—whether by robots, spiders, automated or manual methods, is expressly forbidden without prior written permission from BISTRY GmbH. Additionally, using website content or data for developing software programs—including but not limited to training machine learning systems or artificial intelligence (AI)—is prohibited.
Disclaimer of Liability
Artistic Hub Magazine, on behalf of BISTRY GmbH, is liable only for direct damages resulting from intentional or grossly negligent breaches of its contractual or legal obligations. Liability of BISTRY GmbH for direct damages due to slight negligence or for indirect damages (such as lost profits)—regardless of the legal basis—is excluded to the extent permitted by mandatory legal provisions.
While BISTRY GmbH strives to ensure that the content of its digital offerings is accurate at the time of publication, no guarantee or warranty can be made regarding the completeness, correctness, or reliability of the content.
We do not guarantee the functionality of the digital offerings, uninterrupted and continuous availability, or the complete and correct reproduction of content. This particularly applies to user-generated content.
We accept no liability for data loss or errors beyond our control, especially those caused by telecommunications providers, access and hosting providers, technical failures, or malware, including harmful software.
We reserve the right to partially restrict, completely discontinue, or modify the digital offerings at any time without prior notice. Any liability in this context is fully excluded, and users have no claims, especially for reimbursement of subscription fees, return of user content, or compensation.
Our digital offerings may contain links to third-party websites or services. These sites are neither operated nor monitored by us. We disclaim any responsibility for the content and operation of linked websites or services.
Validity
The invalidity of individual provisions does not affect the validity of the remaining terms in these Terms of Use.
Changes to the Terms of Use
Artistic Hub Magazine, on behalf of BISTRY GmbH, reserves the right to modify these Terms of Use at any time. Changes will be communicated to users through notifications in appropriate places within the digital offerings. The new version of the Terms of Use becomes effective upon publication.
Subsequent changes to the Terms of Use are considered approved by the user unless the user objects in writing within 14 days of being notified of the changes.
By continuing to use the digital offerings, you acknowledge and accept the current Terms of Use.
Jurisdiction and Applicable Law
The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Zug, Switzerland, subject to mandatory legal jurisdictions.
Swiss law applies, excluding the Swiss Federal Act on Private International Law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Contact Address
Artistic Hub Magazine
by BISTRY GmbH
Gewerbestrasse 5
6330 Cham
Switzerland