Terms of Use

Please read the following terms and conditions applicable to each visitor to the website https://InstaArt.org (hereinafter referred to as the "Website") and the services offered through it. By using this website, you signify your agreement to these Terms of Use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.

§ 1 Range of application

  1. the following conditions apply to the use of the website InstaArt.org (hereinafter "website") and the services offered by the provider. For the use of the website and services it is important that you as a user accept the following conditions.
  2. by using our websites you agree to the terms of use of our websites. By your agreement you guarantee us that you will not create any contributions that violate the terms of use.
  3. subject of InstaArt.org is the forum on the known domain.

§ 2 Contact details and legal information

If you have any questions regarding our website, you can reach us at the following contact details:

Kromonos Achten

Phone: +49 721 27660380

E-mail: support@InstaArt.org

Responsible for editorial content according to § 55 paragraph 2 RStV: Bob Kromonos Achten

No support via phone! Misuse of the contact information will be prosecuted under criminal law!

§ 3 Availability of the website

  1. InstaArt.org has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions of availability can occur due to force majeure or other causes beyond the control of InstaArt.org, such as intent or gross negligence.
  2. Kromonos points out:
  • that it is technically impossible to provide the website free of errors of any kind and that Kromonos therefore assumes no responsibility whatsoever,
  • that errors can lead to temporary shutdown of the website,
  • that the availability of these web pages is subject to conditions and performance beyond Kromonos' control, such as transmission capacity and telephone connections between the parties. We are not responsible for any disturbances falling within this area.

§ 4 Support

Support for the website and services is provided exclusively via the helpdesk system provided by the provider, accessible at https://support.bka.li. There is no guarantee of a reply for inquiries about the website and services outside this system. An account for the helpdesk system is not necessary and can also be reached via the e-mail address support@instaart.org.

§ 5 Forums of Discussion

Insofar as Kromonos offers discussion forums on its web pages on a temporary or permanent basis, participants in the discussion forums are expected to observe the usual rules of communication such as mutual respect. Visitors may not distribute or publish any insulting, possibly derogatory, offensive, indecent, defamatory, or obscene material or material that infringes the intellectual property rights of third parties.

§ 6 Electronic communication

When you use a InstaArt.org service or send email, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including email, text messages, or by posting electronic messages or other communications on our website or through other InstaArt.org services. For contractual purposes, you agree to receive electronic communications from us and that all consent, notices, disclosures and other communications that we provide to you electronically will be in writing unless otherwise required by applicable law.

§ 7 Copyright and database rights

  1. All content included in or provided through any InstaArt.org service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of InstaArt.org or third parties who provide content to or through the site and is protected by German copyright and database right laws.
  2. InstaArt.org also owns all content included in or provided by any InstaArt.org service and is protected by German copyright and database right laws.
  3. The copyright of the supplied contents by third parties remains with the supplier and is not influenced by InstaArt.org in any way.
  4. You may not systematically extract and/or reuse parts of a service of InstaArt.org without our express written consent. In particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any InstaArt.org service without the express written consent of https://InstaArt.org. You may not create and/or publish your own database that contains substantial portions of any InstaArt.org service without the express written consent of https://InstaArt.org.
  5. When you're not the artists, mention him/her/them with a link to their social media profiles! We reserve the right to take legal action against art thieves.
  6. All copyrights to provided art remain to the artist.
  7. The artist can expect from us any support that is possible, should a copyright infringement be found.

§ 8 Patents

All patents registered on InstaArt.org are also applicable to all services and other products of InstaArt.org. It can happen that the respective patents are operated under one or more patents.

§ 9 Your account

  1. Access to some of the services of the website, requires the creation of an account.
  2. The creation of an account is only allowed to persons with full legal capacity, to whom the registration form is made available on the website.
  3. The user undertakes not to provide false personal data, if necessary for the operation of the service. Furthermore, the user undertakes to check his details regularly to ensure that they are correct.
  4. If you use a InstaArt.org service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices. To the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should notify us immediately if you have any reason to believe that a third party has obtained knowledge of your password or if the password is being, or is likely to be, used without authorization. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes in the information you provide. You can view and update some of the information you have given us on our website.
  5. The user can change his password at any time afterwards.
  6. You may not use any service of InstaArt.org in a way that is likely to disrupt, damage or otherwise interfere with the services or access of InstaArt.org
  7. Furthermore, you may not use the services of InstaArt.org for fraudulent or in connection with a crime, illegal activities, harassment or inconvenience.
  8. We reserve the right to deny you access to the services on the site or close membership accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our guidelines.
  9. We reserve the right to exclude members from the service who have also attracted negative attention outside this platform. This includes artists with high reach, or artists whose community moderators like to push the envelope. In case of negative behaviour we do not make a difference.
  10. We reserve the right to close your account if we notice that it is being used for advertising purposes only. This is a social medium. So be social too! 
  11. Users of this website can delete their account at any time by sending an email with the email address of their account to the email address given in §2. The user's account will be deleted as soon as possible after the user has sent the e-mail.

§ 10 Claims from intellectual property rights

InstaArt.org respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a manner that gives rise to a suspicion of infringement, please follow our procedure for notifying https://InstaArt.org of an infringement.

§ 11 Liability

  1. We always strive to ensure that the services of InstaArt.org are available without interruption and that transmissions are error-free. However, due to the nature of the internet this cannot be guaranteed. Also your access to the services of InstaArt.org may be occasionally interrupted or limited to allow repairs, maintenance or the introduction of new equipment. We try to limit the frequency and duration of any such temporary interruptions or limitations.
  2. InstaArt.org is liable without limitation, as far as the cause of the damage is based on an intentional or grossly negligent breach of duty of InstaArt.org or a legal representative or vicarious agent of InstaArt.org.
  3. InstaArt.org is further liable for the negligent injury of essential duties. Essential are duties, whose injury endangers the reaching of the contract purpose or whose fulfillment makes the proper execution of the contract at all possible and on whose observance you trust regularly. In this case, InstaArt.org is only liable for the foreseeable, contract-typical damage. InstaArt.org is not liable for the negligent violation of other than in the preceding sentences mentioned duties.
  4. The preceding limitations of liability do not apply in case of injury of life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
  5. As far as the liability of InstaArt.org is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

§ 12 Links to other websites

  1. For links not operated by Kromonos and located on other websites, we have no way of controlling the content of those websites, as they are completely independent from us.
  2. For this reason we do not take any responsibility for the content of these websites and the consequences of their use by the visitors of these websites. The access to all websites accessible via links is at your own risk. There is no separate notice when users leave the website. However, we ask you to inform us immediately of any illegal or dubious content on the linked website.

§ 13 Privacy

  1. It can happen that data and information of the visitors and users (date, time, page called up) about the access are stored on the server. We point out that - without consent - no personal data (e.g. name, address or e-mail address) will be stored.
  2. If personal data are collected, we commit ourselves to obtain the prior consent of the user of the website. We commit ourselves not to pass on any data to third parties, unless the visitor or user agrees in advance.
  3. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be completely guaranteed. In this respect our liability is excluded.
  4. The user has the right to information. You have the right at any time to receive from us about the data concerning you completely and free of charge information.
  5. Furthermore, the user has the right to correction/deletion of data/restriction of processing.
  6. Further details are given separately in the privacy policy.

§ 14 Cookies

  1. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters which can be used to assign Internet pages and servers to the specific browser in which the cookie was stored. This enables the pages and servers visited to distinguish the individual browser of the person concerned from other browsers that contain other cookies. A specific browser can be recognized and identified by means of the unique cookie ID.
  2. The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
  3. We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer and enable us to recognize your computer system on your next visit (called permanent cookies).

§ 15 Changes in the terms of use

We reserve the right to make changes to InstaArt.org services, policies, terms and conditions including these Terms of Use at any time. They are subject to the terms and conditions, contract terms and conditions of use, which are in force at the time you use the services of InstaArt.org. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

§ 16 No waiver

If you breach these Terms of Use and we do not take action against you, we will still be entitled to execute our rights on any other occasion on which you breach these Terms of Use.

§ 17 Validity of the terms of use

The Terms of Use are applicable to all domains, as well as sub-domains (hereinafter included in domain(s)), of the Provider, as long as the Provider does not change and can be extended by the services offered on the domain.

§ 18 Final provisions

  1. The contractual language is English.
  2. We reserve the right to make changes to our website, rules, conditions including these terms of use at any time. If any provision of these Terms of Use is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  3. We reserve the right to deny access to InstaArt.org to individuals who have attracted negative attention on platforms other than InstaArt.org.
  4. The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
  5. This instance is intended for artists to increase their reach and show their art. If you are not an artist, I would like to ask you to look for one of the many other instances.

This document was last updated Jun 5, 2020.