Last updated on 15 March 2021
Welcome to our website and thank you for using Artpool (so-called “ACG”). By accessing any content available at www.artcuratorgrid.com, registering, signing in, purchasing services, or simply using this website, you indicate that you accept our terms of use and you agree to be bound by these terms as well as our privacy policy.
Please read the following terms and conditions carefully as they govern your use of this website. If you do not agree to these terms, please do not access or use this website.
1. Introduction
Launched in 2019, Artpool is the first digital platform that connects an interactive, global community of curators, artists and institutions, to share, connect and discover Contemporary Art. Art Curator Grid’s growing community works together to make exhibitions and projects a reality through engaging content, intuitive software and access to global audiences. The centralised resource is a place where curators can build and present their work, and institutions can effectively manage, promote and archive their programming. In conjunction with the platform, Artpool launched Curtain, a new online independent magazine, which spotlights curators every other month. From the moment you access, register and use our website, you are agreeing to these terms and conditions, to our privacy policy and to any other terms to be referenced in this document, which may be supplemental and may become available further on, subject to notice by us. In addition, whenever you contact other profiles, create an event, message or receive a message from any profile, post or share content, or even pick your favourite hashtags or identify yourself and your interests, you accept our rules and management surrounding your use of the site. If you do not agree to a part of these terms of use, or any other terms applicable to ACG users, please do not click in any of the following expressions: “Sign Up”, “Log In”. This website is operated by PWA Art Corporation, Lda., trading as Artpool, and these terms and conditions apply to every user. We are registered in Portugal under Portuguese VAT number 515531979 and have our registered office at Rua da Lapa, 126, 1200-061 Lisboa.
2. Using Artpool
This paragraph sets out who can use our website and provides you a few guidelines to help you start.
You must be 16 years or older in order to use and/or apply to the website yourself. However, with the consent of a parent or guardian, you may be 13 years or older. In such a case, it is our requirement that the parent or guardian applies on behalf of you and send us a message to support@artcuratorgrid.com to inform us that the person who will use the website is a minor who is at least 13 years old.
Although our social media platform is dedicated to art curators and institutions, and they are our main target public, we would love to have all art professionals and art lovers with us. The more people we are, the more quality we will be able to provide through our platform. Therefore, no matter whether you are an art curator, a professional working for a venue or an institution, an artist, a journalist, or an art lover, you may register and start using our website and our profile tools.
You may register at our website by your own or you may ask for our help to create the login. In the latter case, the login can be created during a phone call between our team and you, when you provide us your personal details orally, or by sending us such details in written by email. If your account is created with us, orally or upon written request, our team will then send you an email to reset your password.
Once you apply and conclude your registration at Artpool, you will have a password. This password should be kept confidential, and you shall not share this access with anyone else. The password will be associated with the email address that was used to apply to the platform, so in the event you do not remember it, you can easily change it.
3. Your content
You agree and accept that everything you post or share, together with all of your personal details and your activity online makes up your content on Artpool.
If you are an art curator looking to apply to our website, you will need to register with your name and surname, the institution to which you belong, and your city and country.
If you are an institution or an art gallery, you may create and add content to your venue’s profile. In this case, please have in mind that you can allow people to manage the profile, such as art curators, your staff members and other users of our website, whenever they are involved in your organization and/or are part of your programs and exhibitions to be promoted.
Otherwise, if you are an artist, an art consultant, an art dealer, a collector, a journalist, an art lover, or you work for an art institution, an art gallery, an art fair, an auction house, you will need to provide us with your name, category and your location. In either case, you have the option to add a biography to your profile consisting of pictures and texts.
By default, the profile page of registered users is visible by anyone who has the link of the page event if that person does not have an account at Artpool and that profile page is indexed on Google. At any time, users can change this in profile settings by making their pages visible to Artpool users only and removing the Google indexing.
If your account is public, please be aware that profile images are public into the Internet as people can search for and find public profile pages. If you have a private account, profile images and posts will not appear as public on the Internet. You can change the privacy of your profile at any time.
You are not allowed to use, store, copy, display, reproduce, redistribute, transfer or make available to the public any part of the Artpool website or its content. You are also not allowed to create untrue or fake content, nor promote false information of any kind.
As a social platform, we strongly condemn any offensive, abusive, obscene or illegal material, and we take this opportunity to ask you to be respectful with other users’ content. Artpool expects everyone to contribute to a healthy online environment and is particularly committed to your content’s safety.
We reserve the right to suspend or terminate your account in the case of violation of our terms and guidelines that have been put in place to promote the safe and respectful use of our website. You may also be subject to suspension or termination if you are responsible for the creation of a fake event or profile, if you disseminate fake content about other users or modify other users’ profile photos after downloading them, without having their consent.
However, we do not have any control or play any role around whether other users view, use or save the content you make available to the public, and, therefore, do not assume any liability around the use and re-sharing of publicly available information, including images. For this purpose, you grant Artpool and ACG’s users a non-exclusive, royalty-free, worldwide license to use, store, copy, display, reproduce, distribute, transfer and modify derivative works. By using our website, you accept and recognize that this is a possibility subject to any online content.
You are able to add, edit and modify your personal data at any time. The collecting, processing and storing of your personal data is subject to the rules of the GDPR. Artpool and the outsourced freelance IT developer have entered into a binding contract, which ensures that the personal data of the users of this website will be kept strictly confidential. Artpool and the outsourced freelance IT developer are the exclusive and only ones who have access to your personal data, besides the third parties whose applications are used in the development of this website.
4. Messaging
Artpool provides a messaging service, and you agree by these terms to accept our rules when you use it to connect to another profile. Our messaging system includes sending and receiving messages that may include texts and pictures, and it allows you to start a conversation with any profile.
In case you are a registered art curator, you can simply start a conversation with another art curator registered in this website, one-to-one. We do not take any liability for these messages shared between art curators.
5. Our service
At Artpool, we offer various services to art curators and art institutions, and other users.
Our services include different programs targeting both art curators and non-art curators.
If you are an art curator, we are able to help you to find new projects.
If you are not an art curator, we can help you to find and reach art curators for new exhibitions that you would like to promote, create or announce. We also help you to find turnkey exhibitions that have already been curated in other institutions.
Whether you are an art curator or not, you may contact us through our service page and share the details of your project or your ambitions in your message. Once we receive and review your message, you will receive a personalised solution from us based on your objectives. If you agree to our service offering, you provide consent to receive a contract from us customised to your project.
By agreeing to these terms and conditions, you accept and provide consent to be contacted by us. We will contact you to offer appropriate and relevant services after the evaluation of your profile and project ambitions.
We also offer you an exhibition tool designed for curators and staff that manages a venue or an institution profile in our platform.
The exhibition tool allows you to pick one of our three different programs on how to share your exhibition page or the exhibition page that you are managing to the public:
- For Artpool users only: anyone who wants to see the exhibition page, should be signed up and logged in first to have full access to it;
- Publicly: anyone can access the exhibition page, which is indexed into Google and can be accessed by anyone from anywhere;
- Private link: the exhibition isn’t published at our website and isn’t visible when visiting the profile of the organizer or curator. Only the people who were provided with the link may be able to see the exhibition page, without having to be signed up or logged in.
While program 1 is free to everyone, our programs 2 and 3 are free to curators and non-profits venues only. Therefore, if you are a for-profit venue, you are able to get the programs 2 or 3, for either €125 per month or €1350 per year, with our Membership.
As our Membership is a paid service, you can subscribe and unsubscribe at any time, but if you want to avoid future charges, you should do it before the start of the new period of subscription. However, if you have opted for the yearly subscription, and you cancel your subscription before the end of the year-period, you will not be refunded and will be able to use it until the end of it.
To unsubscribe our Membership, you should edit your preferences on your profile page.
If you have purchased one of the paid programs of our Membership, and cancel it after a while, your exhibition page will remain on the website, but the access will be limited to user only. You can delete your exhibition page, whilst on our Membership and after cancelling it, by submitting us a request.
We use Stripe, a payment technology provided by Stripe Inc., to process all payment transactions in relation to the subscription of our Membership. For further information about this software, please read their privacy policy.
Invoices of your monthly or yearly payments related to our Membership shall be sent to you by email.
Please be aware that your purchases at our website may be subject to foreign exchange fees or differences in price based on your location. We may continue billing your payment method (e.g., credit card or debit card) even after it has expired.
By purchasing a subscription, your payment method will be automatically charged at the start of each subscription period for the fees and taxes applicable to such period, until it is cancelled.
In the event your subscription cannot be charged (e.g. your method payment has no funds), your current program will be downgraded for the program 1, and only Artpool users will be able to see your exhibition page).
If a user of our website, who manages an exhibition or is a curator, is looking for specific features to be included in our Membership or other services, we may provide customised services for an additional price, to be agreed between the parties. In such a case, you should submit us a request.
You agree that Artpool may change our provided services and prices from time to time. Whenever we set out new prices or subscription fees for our services, you will be given notice that the price changes will take effect at the start of the next subscription period. If you do not agree to a price change, or if you do not find our service interesting anymore, you have the right to reject the change prior to the price change entering into force by sending us a message in order to terminate this contract.
6. Copyright
All the artworks and projects shared in the website are subject to copyright.
Registered users who upload profile images are entirely responsible for its own copyright and for obtaining any authorizations and licenses in relation to it as well as they are aware of the possibility of copyright breaching from any users of the website. Registered users may also be aware that even after the erasure of the account or the images, people may have saved their images in their own devices.
Whenever art curators and staff managing a venue or an institution profile create an exhibition page at ACG, they can download our authorisation form that shall be signed by the copyright owner.
You are not allowed to copy, reproduce, broadcast and repost any part of the Artpool website itself, including any kind of information, images, logos or photos, as well as the overall appearance of the site, without the prior written permission of the copyright holders, unless it will be for exclusive personal and non-commercial purposes. Copyright breaching from any users of the users may imply suspension or termination of your account.
You also accept that you may not adapt, modify or create a derivative work from any content of the site, except if it is with respect to your exclusive personal and non-commercial use.
Concerning the exhibition page tool and our Membership, all exhibition managers and curators have the right to publish all its content on our website.
In the event of a copyright breach by a Membership subscriber, we reserve the right to terminate such subscription and delete the breaching content, and, in cases of serious breach, the account.
7. Logos
Our logo is designed by João Machado for Artpool and is property of PWA Art Corporation, Lda., trading as Artpool. All other trademarks and logos used and reproduced in this website are the trademarks or logos of their respective owners, including art curators, artists, brands and projects, and, therefore, are protected by copyrights.
8. Linking to the Artpool website
Artpool does not take any liability with respect to third parties’ websites linking to this website.
9. Linking to other websites
During your use of our website, you may be linked to other websites that are operated by third parties. We do not take any liability regarding the content of these websites nor for any consequences that may follow from these external links. By using this website, you are accepting that clicking on a third party link will be done at your own risk.
10. Third parties’ applications
If you would like to find out more about the third parties’ applications and services that provide services to us, please read our privacy policy here.
11. Warranty disclaimer
We do not take any responsibility for any content that any user or third parties post or send while using this website. You understand and accept that you may be exposed to content and messages that are or may be improper, inappropriate for children, inaccurate or incorrect.
As long as we connect two registered users through the method described in paragraph 4, Artpool has significant influence on the establishing of a connection, but we do not in any case assume liability for the messages exchanged between them.
Furthermore, with the possibility of posting, creating and sharing content at our platform, does not come a liability for any fake, false, incorrect or untrue names, profiles, images, events, exhibitions and news. We are not able to control every exhibition that may happen on an international scale and we do not have the conditions to confirm the real identity of every profile registered at our website.
You are agreeing, however, that if you have created any fake exhibition or content, this may be removed, as well as with any other fake content that has been shared or joined by you.
Additionally, we do not take any liability for any kind of content that may contain either violence or pornography, lead to racism or suicide, or use inappropriate language. You acknowledge and agree that Art Curator may remove this kind of content.
This paragraph does not affect your category as a consumer, with the inherent rights set out in the applicable laws.
12. Limitation of liability
PWA Art Corporation, Lda., trading as Artpool takes no liability for any suspension of access to this website nor guarantee that the website will be uninterruptedly available.
Due to the possible occurrence of the above mentioned events, for any unexpected reason or a situation related with technical problems, and in a force majeure situation, we do not have absolute control of this website and you agree that the use of this website is entirely at your own risk.
Artpool will not be liable, in no event, for any damages whatsoever arising out of or relating to the use of the website.
You accept and agree that if you remain unsatisfied with this paragraph, you should not use this website.
13. Termination
These terms and conditions apply to you until terminated by you or Art Curator Grid.
Artpool may terminate or suspend your right to access or use our website at any time, for any reason, which, in this case, will be given appropriate notice.
In the event of, for good reason, Artpool terminates these terms without providing further notice, you remain bound by all the rights under these terms and the applicable laws, without regard to the right to compensation that may apply to you.
You may cancel your Artpool account at any time through by sending us a message with the request to cancel your account to our customer support team: hello@artcuratorgrid.com and we promise to satisfy your request as soon as possible.
If you wish to cancel your Membership subscription, please read Section 5.
14. Choice of law and arbitration information
These terms and conditions shall be governed by the laws of Portugal, and if you are a consumer in the EEA, also by the applicable European Union legislation in force on consumer rights and protection of personal data. These terms are, in particular, subject to the Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, and to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (so-called “GDPR”).
For any dispute arising with Artpool, you accept and agree to first contact us and try to resolve the dispute with us informally. In the event of the dispute still remains unresolved and if you have any claim related to the use of this website, you accept and agree to the non-exclusive jurisdiction of the courts of Portugal, in particular the courts of the District of Lisbon.
You are also given the choice to go resolve any dispute through an alternative dispute resolution centre for consumption disputes, and if you choose Portugal, please choose accordingly to the list of registered forums below:
https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo/ral-mapa-e-lista-de-entidades.aspx.
In case you may want to submit your online consumer problem and make a complaint at the European Commission, visit the website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
15. Changes to our terms and conditions
We may need, for any reason, to modify our terms and conditions, as well as our privacy policy and any other terms that may appear referenced in this document, which we expect to happen occasionally.
Normally, we will not provide you notice about small changes and you agree to review these terms and conditions on a regular basis in order to be aware of any further modifications.
In the event of the implementation of significant changes, we will give notice by e-mail or by any other means, letting you know that you have the opportunity to review them before they become effective. In such cases, we will also post an alert about our changes on our website so you can still be kept up-to-date with our most relevant modifications even if you do not check your email very often.
16. How to contact us
If you would like to be informed about any part of our website or our services or if you have questions, comments and requests regarding these terms and conditions, please contact us through the channels below.
In case you do not understand any part of these terms and conditions or are concerned about any paragraph of this document or of our privacy policy and wish to make a complaint, please address it to pauline@artcuratorgrid.com. We will do our best to get back to you within a reasonable time.
CONTACT
PWA Art Corporation, Lda
Rua da Lapa, 126, 1200-061 Lisboa
pauline@artcuratorgrid.com
All content 2021 © by PWA Art Corporation, Lda, trading as Artpool
All rights reserved.
PWA Art Corporation, Lda
Rua da Lapa, 126, 1200-061 Lisboa
pauline@artcuratorgrid.com
All content 2021 © by PWA Art Corporation, Lda, trading as Artpool
All rights reserved.
