Terms and Conditions for Users of the Art Basel Online Viewing Rooms
1. Basic Conditions
MCH Messe Schweiz (Basel) AG, Basel/Switzerland ("Art Basel"), operates the Online Viewing Rooms ("Art Basel OVR") as an online service for participating galleries and end users. The Art Basel OVR allows its end users to discover art for sale, and upon prior registration to enter into contact with galleries via the sales inquiry feature, join the newsletter and contact feature or live chat (hereinafter all together referred to as the "communication features").
In order to get in contact with the participating galleries, you first need to register on the website of the Art Basel OVR either with your VIP login credentials or by creating an user account. With your registration to the Art Basel OVR, you accept without limitation or qualification these terms and conditions and you agree to fully comply with these. By registering to the Art Basel OVR, you are requested to submit true and accurate information which will be shared with the galleries (cf. Section 3 para. 2 here below). Art Basel does not verify the data submitted by you and will not be accountable for its accuracy.
Art Basel provides you with an account on the condition that you have full responsibility over the account. You can use your account and log-in data (username and password) for all editions of the Art Basel OVR as long as you do not request deletion of your log-in data or Art Basel requests you to reset your password for security reasons. It is your responsibility to ensure password and general account content integrity, and any abuse of services originating from a given account will be your responsibility. While using the Art Basel OVR you will not use the Art Basel OVR if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Art Basel OVR.
2. General Content Terms
All artworks which galleries upload to the Art Basel OVR are offered for sale. Art Basel is not involved in any communication, sales transaction or sales process between you and the gallery; all this happens only between you and the gallery. In the event of a sale, the sales transaction is exclusively contemplated between you and the gallery. Art Basel is not involved and neither acting on your behalf nor on behalf of the gallery.
The galleries are responsible for the upload of the artworks and content to the Art Basel OVR. You accept by viewing the rooms in the Art Basel OVR that content may cover all kinds of subject matter that is generally uncensored and may include nudity or other visual or written content that some might consider offensive or inappropriate. Art Basel does not obligate itself to review the content uploaded by the galleries.
You understand and accept that Art Basel does not verify if the galleries are duly authorized to sell the artwork displayed and to sell it to the terms and conditions approved by the owner of such artwork, and that therefore Art Basel does not guarantee the galleries' ability to sell the artwork displayed or that the galleries will actually contemplate the transaction with you. Art Basel takes no responsibility and assumes no liability for any content provided by the galleries as wells as regarding the merchantability or accuracy and truth of description, size, medium, condition or provenance of the artworks.
You understand and acknowledge that you are not allowed to make use of pictures and content (e.g. by citing text and prices), which were uploaded to the Art Basel OVR by the galleries at any given time, for personal or commercial purposes of any kind or nature (e.g. use pictures and content in media and press releases), without having obtained the prior written consent from the gallery.
3. Communication Features and Sales Inquiries
The Art Basel OVR includes live chat features (message board and private chat) and other communication features (sales inquiry, contact and join to newsletter feature) that enables you to get in direct contact with a gallery, start a live chat with it, submit sales or general inquiries to it or join he gallery's newsletter. The gallery may also approach you by sending you a text message via private chat in case you have accessed the live chat feature of a gallery.
By entering a gallery's live chat feature, you automatically disclose your first and family name to the gallery. A chat window pops-up once you enter the live chat feature to interact. Your text messages on the message board can be read by the gallery and other users, whereas text messages sent by you or the gallery in the private chat can only be read by you and the gallery. The gallery may also use the live video streaming or screen sharing feature to broadcast camera or screen content to all users in the live chat feature of a gallery. This streaming is one-directional, i.e. only from the gallery to you and the gallery will not get access to your video or audio. Art Basel does not record any broadcast, chats or their content; any data submitted by you through one of the live chat features will be irretrievably deleted 24 hours after Art Basel OVR is closed.
If you wish to submit a sales or general inquiry to the gallery, Art Basel encourages you to submit such inquiry to a gallery by contact form through the respective feature at the Art Basel OVR instead of using any of the live chat features. In so doing, you automatically submit via unencrypted email the following information to the gallery: your first name and family name as well as your registered e-mail. You may disclose to the gallery at your sole discretion additional information (such as job title, previous Art Basel invitations etc.). If you make a sales inquiry, the gallery will respond to it within 24 hours, however, Art Basel cannot be held liable for any delay or failure of the gallery in doing so. After your first sales inquiry through the Art Basel OVR, all further communication is happening between you and the gallery outside the Art Basel OVR.
You understand and agree that Art Basel shall have no responsibility or liability whatsoever for any content provided by you, other users and galleries in any of Art Basel OVR's communication features. Art Basel will not access, view or process content on the Art Basel OVR communication features except (i) as provided for in these Terms and Conditions and in Art Basel's Data protection principles; (ii) as authorized or instructed by you; or (iii) as required by applicable law. However, Art Basel will not tolerate any harassment, bullying or any form of discrimination. If you experience harassment, bullying or any form of discrimination or notice that someone else is being harassed, bullied or discriminated in any form please contact immediately Art Basel at firstname.lastname@example.org. Art Basel may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate.
Art Basel will maintain reasonable technical safeguards to prevent unauthorized disclosure of or access to its live chat features. You understand and acknowledge that Art Basel does not guarantee full integrity of confidentiality over the Art Basel OVR. Therefore, Art Basel highly encourages you to move strictly confidential conversations (e.g. account numbers, prices etc.) between you and the gallery to communication channels outside the Art Basel OVR. In any case, Art Basel acts solely as the provider of the Art Basel OVR and its communication features. Art Basel is not involved in any sales transaction or sales process between you and the gallery; all these happen exclusively and only between you and the gallery.
4. Pricing and Availability
All artworks are displayed by the galleries with a price tag or a price range tag. Prices are always indicated as net amounts only and you understand that taxes and additional fees may apply in the event of s sale. Art Basel does not guarantee that any artwork presented in the Art Basel OVR is available for sale or is tagged with an accurate price. If you have any concerns about the price, please get directly in contact with the respective gallery.
The gallery will update the availability status of each artwork regularly. If an artwork has been sold, the gallery will mark the artwork as "sold" or will remove it from the Art Basel OVR. However, Art Basel is not accountable if a gallery fails to do so.
5. Accessibility and Limitation of Liability
Art Basel cannot be held liable for any technical problems which impacts your view of the Art Basel OVR or possible unavailability or interruptions of the service and your communication with the galleries. You understand and agree that you bear the sole responsibility for the functionality of your internet access.
Please report any technical problems with the Art Basel OVR in writing to email@example.com. Art Basel will try to fix any technical problems within 12 hours upon receipt of such report.
Art Basel collects data on your movement on the Art Basel OVR in accordance with its Data Protection principles for statistical purposes.
7. Dispute and Resolution
You understand and accept that Art Basel is not acting on behalf of you in relation to the galleries and vice versa and therefore, Art Basel will not resolve or help to resolve any disputes that raise between you and a gallery.
If you have any dispute with one or ore more galleries, you release Art Basel and any of its affiliated companies from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. Additional Property Terms
You understand that participating galleries use the Art Basel OVR to sell artwork and therefore may upload to the Art Basel OVR their own general terms and conditions which shall apply in the event of a sale. You understand and agree that any such general terms and conditions of a gallery does not constitute any representation, warranty, or assumption of liability of any kind by Art Basel.
9. Abusing the Art Basel OVR
Art Basel is neither responsible nor liable for the conduct and behavior of you, other users or that of the galleries in connection with the Art Basel OVR. You agree to (i) contribute to the Art Basel OVR through its live communication features in a manner consistent with applicable law and to (ii) only submit sales inquiries by email which are seriously meant.
Without limiting other remedies of Art Basel, Art Basel may limit, suspend, or terminate the Art Basel OVR, prohibit access to the Art Basel OVR, terminate your user account and take all technical and legal steps to keep you off the Art Basel OVR if Art Basel believes that you are creating problems or acting inconsistently with the spirit of the Art Basel OVR, in particular but without limitation if you do not comply with these Terms and Conditions or if your conduct of business or behavior defames or harms the reputation of Art Basel. In this case Art Basel shall not be liable for any indirect or consequential loss or damage, including, without limitation, loss of profit, loss of sale, loss of business, loss of goodwill or reputation (including damage to reputation), loss of product, loss of expected savings, loss of income or holding costs, loss of expected production, opportunity costs or pure economic loss and whether actual, direct, indirect, anticipated or otherwise.
10. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the substantive laws of Switzerland, excluding its conflict of laws regulations. Any dispute arising out of your use of the Art Basel OVR or these Terms and Conditions, shall be exclusively submitted to the courts in Basel, Switzerland.
11. Jury Waiver
You voluntarily, knowingly and intentionally waive any right that you may have to a trial by jury of any matter arising under or in connection with your use of the Art Basel OVR and these Terms and Conditions.
Art Basel may amend these Terms and Conditions from time to time. Any amendment thereof shall be binding upon you, should you continue to use the Art Basel OVR.
Basel, December 2020
MCH Swiss Exhibition (Basel) Ltd.
Messeplatz, CH-4005 Basel, Switzerland