Welcome to discover.art! These Terms and Conditions (“Terms”) govern your access to and use of the discover.art website (the “Website”), a joint project. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
1. Acceptance of Terms
By creating an account, uploading content, commenting, or otherwise interacting with the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
2. About discover.art
discover.art is a platform dedicated to showcasing a curated group of emerging and established artists with international experience, alongside an insightful blog featuring art industry news, interviews, events, and expert tips from curators and gallery representatives. We are not a gallery, do not take commissions or fees, and do not sell directly on this page.
3. User Accounts
- Account Creation: To access certain features of the Website, such as creating and uploading content, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Account Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
- Account Termination: We reserve the right to suspend or terminate your account and your access to the Website at our sole discretion, without notice, for any reason, including but not limited to, a breach of these Terms.
4. User Content
- Content Ownership: You retain all ownership rights to the text, images, and other content (“User Content”) that you create, upload, or post on the Website.
- License to discover.art: By creating and/or uploading User Content, you grant discover.art a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and discover.art’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
- Your Responsibility for User Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You affirm, represent, and warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to publish User Content on the Website and to grant the license set forth above; and
- your User Content, and our use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any applicable law or regulation; or (iii) require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties.
- Prohibited Content: You agree not to post, upload, or transmit any User Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- contains any form of advertising or solicitation if not expressly permitted by discover.art;
- includes embedded location data (EXIF GPS) in images, as visitors may download and extract this sensitive information.
- Monitoring and Removal: We reserve the right, but are not obligated, to monitor, review, or remove User Content at our sole discretion for any reason, including if we believe it violates these Terms. We are not responsible for any User Content or for any loss or damage resulting from its removal.
5. Intellectual Property Rights
- Our Content: All content on the Website, including but not limited to text, graphics, logos, visual design, audio, video, software, and trademarks (including “discover.art”), is the exclusive property of discover.art or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and expressly permitted by these Terms.
- Feedback and Suggestions: If you provide discover.art with any feedback, suggestions, or ideas regarding the Website (“Feedback”), you agree that we may use such Feedback for any purpose, including incorporation into the Website or related services, without any compensation or credit to you.
6. Infringement Notices
We respect the intellectual property rights of others. If you believe that any content on the Website infringes upon your copyright or other intellectual property rights, please send a detailed notice of infringement to: [email protected].
Your notice must include:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
7. Third-Party Websites and Embedded Content
The Website may contain links to third-party websites or embedded content (e.g., videos, images, articles from external sources). These third-party websites and embedded content are not under our control, and we are not responsible for the content, privacy policies, or practices of any third-party websites or services. We advise you to review the terms and conditions and privacy policies of any third-party websites you access via embedded content or links from our Website.
8. Disclaimers
- “As Is” Basis: The Website and all content, services, and features are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
- No Endorsement: discover.art does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any User Content or any other content posted by users on the Website. We are not responsible for any damage or loss resulting from your reliance on such information.
- No Guarantee of Availability: We do not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall discover.art, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Website.
In no event will discover.art’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website.
10. Indemnification
You agree to indemnify, defend, and hold harmless discover.art, its affiliates, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms or your User Content.
11. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Website and updating the “Last Updated” date at the top of these Terms. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts located in Austria.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
14. Contact Us
If you have any questions regarding these Terms & Conditions, you may contact us by:
- Email: [email protected]
- Contact Form: On our website at discover.art
Last Updated: June 1, 2025