Artelier

Terms & Conditions

Artelier is Artquest's network of visual artists from around the world looking to temporarily swap studios and, in some cases, accommodation. These are our terms and conditions for use of the network. These terms and conditions apply whenever you access the network, on whatever device (including mobile phones, PDA's or other devices for accessing the Internet). In these terms and conditions, when we say Artelier, we mean this network, regardless of how you access it.

By using the network, you are deemed to have accepted these conditions.

Some areas of Artelier require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with Artelier, you should also read our privacy policy which is below.

We reserve the right to modify or terminate Artelier service for any reason, without notice at any time, and we reserve the right to refuse service to anyone for any reason, at any time.

You can use the basic features of the network free of charge. However, you accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges and mobile originated SMS message charges) that may be incurred when you use the network. In the future, Artelier may also offer you premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms and Conditions of use, additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the Artelier web site.

Any changes we make to the terms and conditions will be reflected on this page.
  1. Registration
  2. Termination of registration
  3. Disclaimer of liability
  4. Third party material on Artelier
  5. Submitting graphical material and photography for publication on Artelier
  6. Submitting text for publication on Artelier
  7. Variations
  8. Force majeure
  9. Governing law & jurisdiction
  10. Details of variations
  11. Your obligations as a member of Artelier
  12. Your responsibilities to other Artelier members



1. Registration



1. (a) Individuals
When you register, you are registering as a personal user of Artelier. Access to registration areas is via your username and password. You must be 18 years or older to use the Service.

We allow you access to the registration areas of the site on the basis that:

(i) your email address and password are personal to you and may not be used by anyone else to access Artelier

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of Artelier

(iii) you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user

(iv) you comply with these terms and conditions.

If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of Artelier immediately and without giving you any advance notice.


1. (b) Organisations
When you register as a partner organisation on Artelier you are registering on behalf of your organisation and anyone at your organisation may access the site. Access to registration areas is via your username and password. You must be 18 years or older to use the service. We allow you access to the registration areas of the site on the basis that:

(i) you have been invited directly by Artquest to join Artelier

(ii) your email address and password are for the sole use of members of your organisation and may not be used by anyone outside of your organisation to access Artelier

(iii) you will invite only individuals who are, to the best of your knowledge, visual artists on to the registration pages of the site

(iv) you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user

(v) you comply with these terms and conditions.

If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the profile areas of Artelier immediately and without giving you any advance notice.



2. Termination of registration


If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered stating that the agreement has terminated. The agreement will terminate and your email address and password will become invalid on Artelier immediately.



3. Disclaimer of liability


To the extent permitted at law, we do not accept any responsibility for any statement in the material on this site. For the purposes of this agreement, "material" means material including, without limitation, text, video, graphics and sound material, published on the Artelier network, whether copyright of Artquest or a third party. You must not rely on any statement we have published on Artelier without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.

For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).

You can access other sites via links from Artelier. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning Artelier or the material. In particular, we do not warrant that Artelier or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

All information included in listings published on this website is provided by our members. Artquest publishes extensive guidelines to aid members in arranging exchanges, but we make no warranty, either expressed or implied, about the information provided. Artquest is not a party to, and bears no responsibility for any agreement or contract entered into by members, subscribers or other users of information provided on this website.

Any information and material provided is for informative purposes only and should not diminish the individual's obligation to seek appropriate professional advice where such is required or necessary.

Neither Artquest nor any of its employees, agents or subcontractors can be held responsible or liable to users of the information or any other person for any errors or omissions, or for any losses, costs or claims which arise as a result of relying on such information or advice.

Please contact us if you find any material on the site which is inaccurate or misleading.

Artelier relies entirely upon the integrity of members and does not guarantee the accuracy of the information provided herein, the condition of the studios or accommodation before or after an exchange, nor conduct of the members or users of the information in this website at any time, nor that an exchange will be available. The only responsibility of Artelier is to make available listings to its members.

Should any information provided by members be found to be grossly misrepresented, Artelier reserves the right to remove, at our discretion, any listing at any time.

Members agree that Artquest shall not be liable for any direct, indirect, consequential or other damages whatsoever, regardless of the form of the claim, including but not limited to liability for cancellations, injuries to persons or damages to property, including cars or vehicles. This does not affect your statutory rights as a consumer.




4. Third party material on Artelier


You may see advertising material submitted by third parties on Artelier. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on Artelier, please email Russell Martin.



5. Submitting graphical material and photography for publication on Artelier


When you send a photograph or other graphical material to us you do so in accordance with these Terms of service.

This means that you hereby agree that you have taken the photograph(s) you have sent to us or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time we want on the Artelier web site.

Selected photographs and graphical material will be published at the discretion of Artquest and you will not be paid, even if your photograph(s) is (are) published.

We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on the Artelier web site, and we may remove your photograph(s) or graphics at any time.

Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments which you submit along with your photograph(s) or graphic.

IMPORTANT: You or the owner of the photograph(s) still own the copyright in the photograph(s) sent to us and are free to republish the photograph(s) wherever you or the owner wish and in whatever medium you or the owner want.



6. Submitting text for publication on Artelier


Users of our site may in future submit material for publication in various areas of the site, including blogs and travel tips. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. Users may also immediately submit material for use on their profile.

If you want to submit material to us for publication on Artelier, you may do so on the following terms and conditions:

(i) publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication

(ii) you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format

(iii) you warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights

(iv) you warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal

(v) you agree not to post material which is deliberately intended to upset other users

(vi) you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.

(vii) we reserve the right to remove your access to individual services completely if we believe you are abusing the services in any way.



7. Variations


These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted in section 10 below.



8. Force majeure


Although we will do our best to provide constant, uninterrupted access to Artelier, we do not guarantee this. You understand that the Service may have software "bugs" and may have other issues affecting availability and functionality. We accept no responsibility or liability for any interruption or delay.



9. Governing law & jurisdiction


This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts. You may not use the Artelier service for any illegal or unauthorised purpose. You must not modify, adapt or hack Artelier or modify another website so as to falsely imply that it is associated with Artelier.

If any of the provisions of these Terms and conditions of use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and conditions of use, so that these Terms and conditions of use shall remain in full force and effect.



10. Details of variations


No variations have been made to this document since 22 May 2008



11. Your obligations as a member of Artelier


It is vital that you keep your password safe. You may change it on your profile at any time.

Do not allow non-members to use your private login details to access our private members only site nor share any members' private information with non-members.

Please do encourage and invite your artist friends and colleagues to join Artelier, as the greater the choice of studios and accommodation, the better experience for all members. In turn, when your friend of friends of friends join up, the network extends to include a much more varied but secure and vetted group that would otherwise be possible.

If you have registered with us and subsequently change your details, you should immediately update your details on this website by entering your username and password on the login screen and accessing the relevant part of your profile.

If you should change your email address, change it in your profile otherwise members will not be able to contact you.



12. Your responsibilities to other Artelier members


It is your responsibility to respond promptly to all exchange offers you receive and to let any other members you are in correspondence with know as soon as you have agreed to an exchange offer. Ensure you are satisfied with all arrangements before agreeing to go ahead with an exchange. Never cancel a firm exchange agreement but, if cancellation is unavoidable (due to serious illness or a death in the family) do your utmost to help your exchange partners with alternative accommodation. Leave your studio and accommodation clean and tidy for your exchange guests. Treat all studios, accommodation and vehicles entrusted to you with care, leaving them in the condition you found them on your departure.

You must not abuse, harass, threaten, impersonate or intimidate other Artelier users or use any information obtained from Artelier in order to do so. You must not create or submit unwanted email to any Artelier members ("spam") or transmit any worms or viruses or any code of a destructive nature.