The Museum of Avant-garde, also trading as “MA-g” – hereafter “The Museum of Avant-garde” – is the exclusive author and publisher of the website (www.ma-g.org) and its affiliated contest website (www.ma-g.org/submissions/), together referred to as “The Museum of Avant-garde website”.
By accessing this site you agree to abide by the terms and conditions set forth here below.
1.1
You agree to the present to the terms and conditions and to all other applicable laws. If you do not agree to be bound by these terms and conditions then please do not use this site.
1.2
These terms and conditions:
1.2.1
Apply to you upon your accessing this site immediately and every time
1.2.2
May be changed or terminated by The Museum of Avant-garde without notice, for any reason and at any time. You agree that The Museum of Avant-garde has no obligation to inform you of these changes and that it is your responsibility to establish whether the terms and conditions have been so changed. If you disagree with any changes then you must stop using this site immediately.
1.3
The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance, law and jurisdiction and terms and conditions for transactions shall survive any termination.
2.1
This site and the materials, products and services in this site are provided on an "as is" and "as available" basis.
2.2
To the full extent permitted at law, The Museum of Avant-garde makes no (and expressly disclaims all) representations or warranties, expressed or implied, in respect of this website or its contents or the contents, advice and opinions of any hypertext links or third party contributor to this site, including but not limited to implied warranties, as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose, and non infringement of the contents of this site or any services purchased or obtained or any transactions entered into by you through this site.
2.3
The Museum of Avant-garde does not represent or warrant that the material or any of the functions contained in this site or the contents of any hypertext links or any comments, advice or opinions by any third party contributor to this site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
3.1
You agree that all copyright, trademarks and other intellectual property rights in the material or content of this site shall remain at all times vested in The Museum of Avant-garde or its licensors. The copyright owner trading as The Museum of Avant-garde is MoA-g SA, registered in Switzerland and other owners if expressively specified whenever possible in the website.
3.2
You agree that the content of this site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this site onto one computer hard drive, but not for commercial use, and that any other use of the content of the site is strictly prohibited.
By permitted non-commercial use of content, The Museum of Avant-garde includes:
The above listed permitted uses are subject to the following conditions:
If you wish to use any content of the website for commercial purposes please contact The Museum of Avant-garde licensing team: support@ma-g.org enclosing your request and detailing your contact information, the intended purpose and extension and licensing requirements.
3.3
You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this site.
3.4
You agree that you will not change in any way any proprietary notices from material downloaded from this site by you for your non commercial personal use.
3.5
You agree that any communication or material you post, transmit or distribute to The Museum of Avant-garde website by electronic mail or online submission, including any data or other content, questions, comments or suggestions is and will be treated as non confidential and it may be used by The Museum of Avant-garde, and you grant The Museum of Avant-garde and any licensors an irrevocable, perpetual, non-exclusive, royalty free worldwide licence to use the said materials in any manner which The Museum of Avant-garde sees fit. The licence will include broadcasting, editing, copying, distributing, posting and otherwise transmitting the material.
3.6
Furthermore The Museum of Avant-garde will be free to use any ideas, concepts, techniques contained in any communications you send to The Museum of Avant-garde for any purpose, including but not limited to developing or marketing products and services using such information.
The trade marks and logos and service marks used and displayed on this site are, unless otherwise specified, the trademarks of The Museum of Avant-garde. No rights are granted to use any of them without prior written permission from The Museum of Avant-garde.
For any enquiries, please contact the licensing team: support@ma-g.org
5.1
With the exception of death or personal injury resulting from the negligence of The Museum of Avant-garde and to the fullest extent permitted by law you agree that The Museum of Avant-garde shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
5.1.1
Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the site, or
5.1.2
Your reliance or use of any information or material obtained either directly or indirectly from the use of this site, or
5.1.3
Any purchases or orders that you make for goods and/or services either indirectly or directly through this site, including any damage for loss of profits or loss of business without limitation, or
5.1.4
Any other consequential or pecuniary loss in any way related to the use of this site.
5.2
Clause 5.1 shall apply even if The Museum of Avant-garde has been advised of the possibility of such loss or damage.
5.3
You acknowledge that any dealings, bookings or purchases of goods or services made with a third party by you through this site shall be subject to the terms and conditions of that third party and that The Museum of Avant-garde will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
5.4
You agree that it is your sole responsibility to evaluate any goods or services offered by this site or by any third parties via this site.
5.
The Museum of Avant-garde is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this site either directly or indirectly.
5.6
You acknowledge that The Museum of Avant-garde has no control over the information which can be accessed by this site or which can be accessed by any other web site which you access as a result of using this site.
5.7
You acknowledge that The Museum of Avant-garde does not know or examine the use to which you or other users put this site or the nature of the information you or other users are sending or uploading.
5.
The Museum of Avant-garde therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information, which can be accessed by the site of whatever nature by about or to you.
6.1
The Museum of Avant-garde may serve notice upon you by any of the following means:
6.1.1
Electronic mail
6.1.2
A general notice on the site
6.1.3
Notice in writing delivered by first class mail to the address which you have provided for us.
7.1
The Museum of Avant-garde may provide links from its own site to other web sites. You agree that The Museum of Avant-garde has no control over these hypertext links (or any other third party links) and that you use these links entirely at your own risk.
7.2
You agree that The Museum of Avant-garde has no responsibility for the content or any policies of any hypertext links (or any other third party links) as mentioned in 7.1 above. Such links should not be interpreted as endorsement by The Museum of Avant-garde of those linked websites. As such The Museum of Avant-garde shall not be liable for any loss or damage that may arise from your use of them.
8.1
You may not upload to, distribute or otherwise publish through this site.
8.2
The Museum of Avant-garde keeps electronic records of all High Resolution Images downloaded from its website. In the event of any identified breach of these Terms of Use (involving the misuse of High Resolution Images or otherwise), The Museum of Avant-garde (and/or its affiliates) may take appropriate action to constrain further use and/or to seek financial recompense.
8.3
No failure by The Museum of Avant-garde to exercise or enforce any of its rights under these Terms of Use will be deemed to be a waiver of such rights or a bar to their exercise or enforcement in the future
You agree to keep The Museum of Avant-garde indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by The Museum of Avant-garde arising out of any breach of these terms and conditions or any activity relating to your use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your name or any other name with which you have registered under this site.
If you are under 18 years of age you agree that you have had your parents permission to send any information to us about yourself or anyone else over the internet.
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
These terms and conditions shall be governed by and construed in all respects in accordance with Swiss Law and the parties irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that The Museum of Avant-garde has the right at its sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.
These terms and conditions will not effect the terms and conditions for transactions with The Museum of Avant-garde and if during a transaction there is a conflict then the terms and conditions for transactions shall prevail.
The Museum of Avant-garde is committed to our users’ rights to privacy. The following is a collection of resources regarding your use of our sites and services as well as information about how we may use data along with our partners.
The provider responsible for this website in terms of data protection law is
MoA-g SAIf you have any questions or comments about The Museum of Avant-garde privacy policy, or if you believe that this privacy policy is not being adhered to, please send an email to support@ma-g.org.
Our website typically collects two kinds of information about you: (i) information that you provide that personally identifies you; and (ii) information that does not personally identify you but we automatically collect when you visit our website or that you provide to us. In a few instances, we may require personally-identifiable information in order to use certain features of our services. For example, we may ask for an email address to subscribe to one of our newsletter or to create an account that will allow you to access a reserved area of our sites.
We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes.
In addition to any personally identifiable information or other information that you choose to provide to us on our website, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain non-personal information whenever you visit or interact with our website. We use non-personal information in a variety of ways, including to help analyse site traffic, understand user needs and trends, carry out targeted promotional activities and to improve our products and services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. If data collection is not required for the functionality of our site, we do not collect it.
At any time, you may request your information to be exported and sent to you for review, and we promptly honour any requests by you to have your information deleted and forgotten.
For any enquiries, please contact the privacy@ma-g.org
The Museum of Avant-garde uses “cookies" in conjunction with its partners and services to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the websites to recognise your browser, while another could store your preferences and other information.
Your can change your browser settings to refuse some cookies and delete them at any time. To be able to continue to use this website you must take action and provide explicit consent to our cookies or manage your settings to select those you choose. . Please note that some parts of the websites or services may not work as intended or may not work at all without cookies.
Essential
Some of the cookies on our website are essential for us to be able to provide you with a service you have requested. An example of this could be a cookie used to enable you to log into your account on our site or which allows communication between your browser and our site. Our ‘cookie preference’ cookie is in itself an essential cookie. You may not be able to use our website without these cookies.
Analytics
We use analytics cookies to help us understand how users engage with our website. An example is counting the number of different people coming to our website or using a particular section, rather than the total number of times the site or feature is used. Without this cookie, if you visited our website once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our website was performing and improve it without these cookies.
Personalisation
We use these cookies to improve your experience by remembering your preferences so we know how you like to use our website. Examples of this would be remembering you so that you are presented with the same or related content or to remember you when you come back to our website. From time to time, we may also use your information to contact you for market research purposes. We may use the information to customise the website according to your interests.
Advertising and Social Sharing
We use third party cookies to allow you to share content directly on the social networking/sharing sites like Facebook, Twitter or Instagram. Examples would be if you wanted to “like” or “tweet” about us or our initiatives. Third parties may also read cookies on your browser to collect information or to serve content or advertisements to you.
This privacy policy only covers this website. Any other websites which may be linked to our website are subject to their own policy, which may differ from ours.
You may contact us as at privacy@ma-g.org if: (i) you have questions or comments about this Privacy Policy; (ii) you wish to make corrections to any personally identifiable information you have provided; (iii) you want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (iv) you wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable.
If you choose to subscribe to our newsletter or communications, please provide your valid e-mail address, your first and last name and confirm that you agree to receive our newsletter. You thereby agree that The Museum of Avant-garde may process and use the data you have provided for the purpose of sending you e-mail newsletters, to inform you about the cultural activities of The Museum of Avant-garde, as well as the latest news about the permanent collection, initiatives and opportunities of The Museum of Avant-garde. You can revoke this agreement at any time via the Unsubscribe link in the newsletter, or by sending written notice to privacy@ma-g.org. As soon as you revoke such agreement, the data you provided will be deleted and no longer will be used to send you any correspondence, in accordance to Art. 6 (1) p. 1 a) of the GDPR.