Terms and Conditions

December 6th, 2020

Welcome to our website and we would like to thank you for your interest and for using wendy.network. By accessing any content available at https://wendy.network, joining (registering), signing in 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

wendy.network is a new platform designed to give artists, curators and others involved in the arts the chance to connect with each other, to exchange ideas, share written and visual contents, and to display their relevant works through our website. We define ourselves as a social media platform dedicated to those who love art.

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 wendy.network.

In addition, whenever you contact other profiles, create an article or opportunity, message or receive a message from any profile, post or share content, or even follow or pick your favourite categories or 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, please do not click in any of the following expressions: “Join now”, “Log In”.

This website is operated by MACHFELD international arts and culture society and Caliber Consult GmbH, trading as wendy.network, and these terms and conditions apply to every user. Caliber Consult GmbH is registered in Austria under Austrian Law registry number FN 510703 i and has its registered office at Wiedner Hauptstrasse 65, 1040 Wien.

2. Using wendy.network

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 sends us a message to join@wendy.network 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 artists and curators, and they are our main target public, we would love to have all the 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 artist, art curator, art collector, art investor, a journalist whose work is about art, or an art lover, you may register and start using our website and our profile tools.

Once you apply and conclude your registration at wendy.network, 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 recover or 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 wendy.network.

If you are an artist looking to apply to our website, you will need to register with your name and surname and your city and country. Otherwise, if you are not an artist you will need to provide us with your name, role and your location. In both cases, you have the opportunity 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 even if that person does not have an account at wendy.network and that profile page is indexed on Google. As 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. We will include pricate account settings for the profiles in the future.

You are not allowed to use, store, copy, display, reproduce, redistribute, transfer or make available to the public any part of the wendy.network website or its content. You are also not allowed to create untrue or fake content, nor promote false information of any kind. You are responsible to ensure you have all necessary rights to use, upload and save all contents you save on wendy.network whether on your profile page or on the post pages you create. By joining the network you hereby agree to hold wendy.network and its operators harmless for any claims by third parties that could arise from the content posted.

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. wendy.network 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 wendy.network and its 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 recognise 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. wendy.network 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. wendy.network 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. Our service

At wendy.network, we offer various services to artists or art institutions. Please visit the page to find out more about our service offerings.

Our services include different programs targeting artists, curators and collectors. If you are an artist or art curator, we are able to help you to find new projects or enable your artworks or exhibitions to travel to other institutions. We 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 connect to turnkey exhibitions that have already been curated in other institutions.

Whether you are an artist or not, you may contact us through our service page and share the details of your project or ambitions in your message. Once we receive and review your message, you will receive a personalised response 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, in which case you might be able to enter into a contract.

Moreover, by agreeing to these terms and conditions, you accept and provide consent to be contacted by us. In this context, we will contact you to offer appropriate and relevant services after the evaluation of your profile and project ambitions.

You agree that wendy.network 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.

5. Copyright

All the artwork shared in the website is subject to copyright.

Registered users who upload profile images are entirely responsible for its own copyright and for obtaining any authorisations 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.

You are not allowed to copy, reproduce, broadcast and repost any part of the wendy.network 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.

6. Logos

Our logo is designed by Michael Mastrototaro for wendy.network and is property of Michael Mastrototaro granting wendy.network the exclusive right to use. All other trademarks and logos used and reproduced in this website are the trademarks or logos of their respective owners, including artists, art curators, brands and projects, and, therefore, are protected by copyrights.

7. Linking to the wendy.network website

wendy.network does not take any liability with respect to third parties’ websites linking to this website.

8. 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.

9. 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.

10. 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, wendy.network has significant influence on the establishing of a connection, but we do not in any case assume liability for the messages exchanged between artists, users or other people who may use this website.

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 wendy.network 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.

11. Limitation of liability

Caliber Consult GmbH trading as wendy.network 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.

wendy.network 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.

12. Termination

These terms and conditions apply to you until terminated by you or wendy.network. 

wendy.network 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, wendy.network 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 wendy.network account at any time through by sending us a message with the request to cancel your account to our customer support team: support@wendy.network and we promise to satisfy your request as soon as possible.

13. Choice of law and arbitration information

These terms and conditions shall be governed by the laws of Austria, 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 wendy.network, 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 Austria, in particular the courts of the city of Vienna.

You are also given the choice to go resolve any dispute through an alternative dispute resolution centre for consumption disputes, and if you choose Austria, please choose accordingly to the list of registered forums below:
https://www.sozialministerium.at/en/Topics/Consumer-Protection/Consumer-Dispute-Resolution-Offices.html

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.

14. 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.

15. 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 support@wendy.network. We will do our best to get back to you within a reasonable time.

CONTACT

Michael Mastrototaro
Max Winter Platz 21/1
1020 Vienna, Austria
(hereinafter referred to as “wendy.network”)
E-Mail: value@wendy.network
Telephone: +43 6601490868


All content 2020 © by Michael Mastrototaro, MACHFELD international arts and culture society and Caliber Consult GmbH trading as wendy.network.

All rights reserved.

Mit freundlicher Unterstützung der Wirtschaftsagentur Wien.