REGULATIONS FOR ARTISTS

TERMS AND CONDITIONS OF OPERATION AND PARTICIPATION IN THE ONLY-ABSTRACT PROGRAM

What are Services and what is involved in the ONLY-abstract program

As Services we understand all activities that will take place under the program, both through the ONLY-abstract.com portal and other media. By using the ONLY-abstract Services, each Artist agrees to all the conditions described in this document, which acts as a contract.
By clicking the “YES – I want to join ONLY-abstract program” button at the end of the form located in this document, by accessing the content of the Portal or using the Services, the Artist agrees to enter into a legally binding contract with CODES Jarosław Filipek. If the Artist does not agree to the terms of this Agreement, he/she should not click the “YES – I want to join ONLY-abstract program” button. The artist concludes this Agreement with CODES Jarosław Filipek (which is also described in the agreement as “Program”, “Portal”, “Project”, “ONLY-abstract” and by various grammatical forms of the pronouns “we” or “us”).

The invited Artist, after accepting the rules described in this document, by confirming his/her willingness to use the Services, by paying the first-month fee activating the Artist’s profile, providing materials for creating a profile on the portal, participating in ONLY-abstract initiatives, using the ONLY-abstract Services, becomes a Community Member (hereinafter also referred to as the Member or the Artist). A Community Member may terminate this agreement at any time by sending an email to contact@only-abstract.com with an unequivocal information about resignation and termination of our Services.
This Agreement applies to the ONLY-abstract.com website (hereinafter referred to as ONLY-abstract, Project or Portal) and other websites, media, applications, messages, activities and other services related to ONLY-abstract that declare that they are offered under this Agreement. Services are provided: by presenting and disseminating shared information and other materials provided by a Community Member on the Portal or other media related or cooperating with ONLY-abstract media and in the form of direct contacts with stakeholders.

We are operating on a variable and dynamic market, so in order to adapt to new challenges and achieve set goals, we can at any time make changes to this Agreement and additional documents: Privacy Policy and Cookies Policy. The artist will be notified of this in advance by our Services or otherwise so that he/she can get familiar with the changes before they become effective. The changes will not have a retroactive effect. In the event of disagreement with any of the changes, the Artist may request to close his profile and stop visiting the Portal and using the Services. Continued use of our Services after publication or sending to the Artist notification of changes to these terms and conditions is equal to consent to the terms of the contract in a modified form.

Members’ rights and obligations

To use the Services, a Member must meet the following criteria and guarantee that: (1) he/she has reached the required age of 18 or is older; (2) state the country of his/her’s tax residence and its form; (3) he/she will have one ONLY-abstract profile based on his/her’s name (the Artist may use the Portal under an artistic nickname); (4) has the option of paying fees via bank transfer or another form of payment agreed between the parties; (6) has and provides an active email address for communication. (7) the Artist will perform in person and may not share Membership with anyone. (8) Members are personally responsible for all information provided for publication and presentation on the profile, and for all activities carried out and related to ONLY-abstract. (9) A Community Member agrees that we provide notifications and messages about the Services or organizational information to the email contact provided by the Artist. The Artist agrees that he/she will keep the contact information up to date. If the Artist’s contact information is out of date, important notifications may not reach the Artist, for which ONLY-abstract is not responsible.

Principles of commercial representation

Representation of Artists is the basis of the ONLY-abstract project. ONLY-abstract represents commercially all Artists with profiles on the portal. ONLY-abstract represents the Artists before intermediaries offering for sale works of Community Members. The basis of cooperation with art dealers & professionals are arrangements made with them that apply to all Artists. Artists will be informed about the agreed terms of cooperation with intermediaries. The terms of cooperation with individual art dealers & professionals may vary. If the Artist does not want to sell in a given channel or through a given intermediary, he/she should not make reproductions of his/her’s works in his/her’s offer.

The broker orders works, agrees the detailed conditions and signs a contract directly with the Artist. Works intended for sale must be available and accessible to agents in case of ordering. The broker transfers the payment for the sold work directly to the Artist. The payment will always be reduced by the previously agreed broker commission and 7% ONLY-abstract commission. The commission due to ONLY-abstract will be transferred to the Artist by the broker.

ONLY-abstract does not charge any commission for works sold through intermediaries with whom it has not previously agreed on the terms of representation of Artists. This applies in particular to: sales through other intermediaries: (online galleries and traditional galleries), sales via the Artist’s own online store, sales to collectors directly by Artists.

It does not require exclusivity from Community Members participating in the ONLY-abstract project. ONLY-abstract does not impose any restrictions on artists as to the distribution and sales channels used for their works, as well as to the forms and methods of promotion.

Fees for creating a profile, administering the profile and services as part of achieving project goals

The implementation of the project goals requires a series of actions from ONLY-abstract. The following table presents the applicable membership fees:
(1) For the smooth operation of the project, materials uploaded by Members are posted on the Portal by the project curators. For creating a profile, the Artist agrees to pay a one-time fee before creating a profile. This is the fee for the first month of presenting the artist’s profile on the Portal. The fee is 48 EUR net. Each artist will be assigned an individual bank account number to which payments can be made. Thanks to this, artists can choose the currency in which they are most convenient to settle accounts. The fee may be paid in the following currencies and corresponding net amounts: 48 EUR (or 52 USD, 42 GBP, 52 CHF, 200 PLN). With drastic changes in exchange rates, these sums can be indexed, of which the artists will be informed a month earlier.

The purpose of this fee is: to cover the costs of building an Artist profile and to eliminate “testers” blocking the participation of others who are seriously interested in participating in the project. It should be assumed that from the moment the Artist receives these Regulations for Artists, the recruitment of artists for the project applies. If participation in the project is confirmed by 365 artists, the recruitment of Community Members will be suspended.

(2) The artist uses the Portal’s services by participating in the project. To cover the costs associated with maintaining and operating the portal, as well as reference and representation activities, the Artists agree to pay a monthly subscription fee. The fee is 48 EUR net per month. The fee may be paid in the following currencies and corresponding net amounts: 48 EUR (or 52 USD, 42 GBP, 52 CHF, 200 PLN). With drastic changes in exchange rates, these sums can be indexed, of which the artists will be informed a month earlier.

All costs associated with making payments to ONLY-abstract are borne by the artist. Please note that for payments via PayPal, ONLY-abstract is charged an additional fee. Therefore, the artist is obliged to add 2 EUR (or 2 USD, 2 SFR, 2 GBP, 10 PLN) to pay with PayPal.

In accordance with tax regulations in the European Union about intra-Community transactions for entities with a VAT (Value Added Tax) identification number, the tax is 0%. In the absence of confirmation of running a business, 23% VAT is added for the import of services from Poland. We recommend submitting an application for an EU VAT identification number.

Artists should fulfill their tax obligations arising from the regulations of the country of their residence. ONLY-abstract will issue invoices based on declarations of their tax residence provided by the Artists.

Payments should be made by the 15th day of the previous month. The first payment will take place in the month preceding the official market launch of the project. Artists will be informed in advance about the start of the project. The artist may terminate the Membership at any time and stop paying the monthly subscription.

Additional costs

Our primary task is to focus on achieving the goals of the project that is representing the interests of all Members. Therefore, any additional activities carried out for or at the request of individual Members are subject to additional fees:

(1) Failure to pay the monthly subscription fee by the applicable date and in the applicable amount will result in suspension of the Community Member profile. The Member will be notified of the lack of timely payment by an appropriate form. The cost of suspension of the profile is 24 EUR net and is borne entirely by the Member. Failure to pay the outstanding subscription fee and the fee for unsuspending of the profile before the end of the month preceding the subscription period, results in termination of the contract and removal of the Artist’s profile from the Portal.
(2) For free, the Artist may, as part of administering of the profile, make 2 changes per year to the Artist Profile Portal or Artist Portfolio. Each subsequent change involves an additional fee of 24 EUR net. Delivering materials and requests for changes on the Profile can only be done by using applicable forms made available to Artists. Changes on the Artist’s profile are made by ONLY-abstract curators.

The additional fee may be paid in the following currencies and corresponding net amounts: 24 EUR (or 26 USD, 21 GBP, 26 CHF, 100 PLN). With drastic changes in exchange rates, these sums can be indexed, of which the artists will be informed a month earlier.

As part of building their image on ONLY-abstract.com, Artists can post their publications in the Artists’ Blog and Exhibitions & Events tabs. Materials are delivered only using forms provided to Artists. ONLY-abstract curators are responsible for placing entries and information. (1) For free, the Artist may publish annually on the Portal, in the Artists’ Blog tab, a maximum of 4 entries. (2) For free, the Artist may publish annually on the Portal, in the Exhibitions & Events tab, a maximum of 6 information about his exhibitions and events.

Rules and form of payment

(1) The fees should be paid to an individual bank account number provided to the Artist, which will be allocated to service his/her payments to ONLY-abstract. The invoice number will be sent to the email address provided by the Artist after confirming his/her desire to participate in the project. (2) The Artist accepts the storage of payment information via the banking system used by ONLY-abstract; (3) all bank transactions are subject to the bank’s privacy policy; (4) each payment will be confirmed by an accounting document with the data provided by the Member.

The Artist acknowledges and agrees that: (1) depending on the location of the transactions, the Artist’s transaction may be subject to handling fees related to currency exchange or current exchange rates; (2) in order to avoid interruption in the provision of Services, the Community Member undertakes to check the expiry date of the accepted payment method; (3) when the Community Member activates the subscription fee, he/she will be automatically charged using the selected payment method for each subsequent month of participation in the project and for the due tax fees for that period; (4) all due taxes will be calculated on the basis of information on tax residence provided to us by the Artist when purchasing the Service, and the Artist bears full responsibility for the information provided. In the event of a change in the country of tax residence, the Artist agrees to immediately inform ONLY-abstract. (5) The termination of the monthly subscription payment by the Artist is tantamount to termination of the contract.

Rules for use of materials provided by Artists

After publishing the Artist profile on our Services, other people can see this information, copy and use it. Our Services allow to share information in many ways, such as using the Artist’s profile, publishing blog entries, publishing information about calendar events, sharing links to entries, sharing the content of entries, sharing reproductions of the Artist’s works. Due to the desire to maintain a high level of the Portal, ONLY-abstract determines the selection of published content. This may apply to the entire Artist profile, entries presenting the Artist and reproductions of his/her’s works, both in full and in selected fragments. Due to the purpose of the Website and the good of the Portal, we are not obliged to publish information or content on our Service and we may delete it at our sole discretion with or without notice. ONLY-abstract curators may not publish or remove information and materials that they deem inconsistent with the idea and purposes of the existence of the Portal. All materials must be provided in English and prepared in accordance with the standards described in the forms.

The Artist is the owner of the content and of all the information sent to ONLY-abstract. We use information provided by the Artist and information about the Artist posted on the Portal to carry out activities in the field of reference representation. We can do it in the form of the entire Portal, any of its selected parts, including elements of the Artist’s profile. The content of the contact information on the Artist’s profile is decided by the Artist, by sending or not, selected data in the form for establishing or verifying the Artist’s profile: (1) email address; (2) website address; (3) social media addresses; (4) other contact and contact details as well as content contained in the descriptions in the Artist’s profile.

From the moment the content and information are provided, the Artist grants ONLY-abstract a non-exclusive license to them. Due to the purpose of the Artist’s reference representation, the license is applicable worldwide, is transferable, may be subject to sublicense the right to use, copy, modify, disseminate, publish and process information and content provided by a Community Member through third party services and services. A Community Member agrees that the license requires no further consent, notification or remuneration for the Community Member or other persons. This right is limited as follows: (1) A Community Member may withdraw a license to specific content by opting out of using the Services. This does not apply to content previously made available by Community Members or ONLY-abstract to other sites as part of the Services, which have been copied, re-shared or saved as content. Content and information will be removed at the appropriate and necessary time to remove content from the Portal and other sources dependent on the portal; (2) Using the Portal Services is tantamount to expressing permission to other Community Members and ONLY-abstract to add this content to third party services; (3) A Community Member also agrees for search engines to prepare this content for search by these services; (4) ONLY-abstract may edit content provided by a Community Member and introduce formatting changes (e.g., translate them, modify the content, layout and file type, adapt to media requirements and to build a marketing effect). A Community Member undertakes to make available only through the Services information and content to which it has the right to share. The Artist agrees to provide only such content and information that does not violate the laws or rights of others, rules of social coexistence or other rules described in the ONLY-abstract Regulations for Artists. ONLY-abstract makes decisions about content publication. In the event of a change of attitude regarding the use of information and content, the Artist shall inform ONLY-abstract.

Service availability and content

The Artist agrees that not all content and information provided must be presented and disseminated. The Artist agrees that ONLY-abstract does not undertake to store, save or provide copies of the content and information provided by the Artist.
The Artist provides content and information that will be published on the Services at his/her own risk. ONLY-abstract is not responsible for third party claims for the content provided. The Artist agrees that ONLY-abstract is not responsible for the content or information provided by Members. The artist agrees that ONLY-abstract is not responsible for the abuses and consequences of abuses of Services offered nor for the content presented on the Portal.

Due to the changing market environment, ONLY-abstract may change, suspend or terminate the Service, as well as change prices in the future at its sole discretion. To the extent provided for by law, these changes may enter into force upon prior notification to the Community Member. ONLY-abstract may change the Services, form and scope of content presentation.
A Community Member may place links to the Services on third party services as long as this does not infringe ONLY-abstract’s interest. The Artist agrees that third party applications and websites may be guided by their own legal terms and privacy policy and on this basis grant others permission to use the information posted by the Artist. ONLY-abstract is not responsible for the operation of other websites and applications. The Artist uses them at his own risk.

ONLY-abstract reserves all exclusive intellectual property rights to the Services. By using the Portal, the Artist does not acquire ownership of any of our Services or the content and information provided by the Services. Trademarks and logos used in connection with the Services are trademarks of their respective owners. ONLY-abstract and other ONLY-abstract trademarks, graphics and logos used in connection with our Services are ONLY-abstract trademarks.
From the termination of the contract, the Artist has no right to use the ONLY-abstract brand and markings or information on belonging to the ONLY-abstract Artists community.

Disclaimer and Limitation of Liability

To the extent permitted by law, ONLY-abstract and entities cooperating with ONLY-abstract in order to provide services: (a) disclaim all implied warranties and representations, including in particular, but not limited to, warranty of merchantability and usefulness for specific purpose, data accuracy and integrity of rights; (b) does not guarantee that the services provided will function without interference or error; and (c) provide services, including content and information provided and published, on an “as is” and “as available” basis.
Limited legal liability towards the Artist: to the extent permitted by law ONLY-abstract and entities cooperating with ONLY-abstract to provide services, are not liable to the Artist or other persons for direct, accidental, particular, consequential or moral damages. They are also not responsible for data loss, chance, reputation, profit or income in connection with the services. This includes, but is not limited to: unplanned breaks in work, loss or change of information and content provided by the Artist. In no case shall the liability of ONLY-abstract and the entities cooperating with ONLY-abstract to provide services, exceed the total amount for all claims representing three times the last monthly subscription fee.
Limitation of liability is an integral part and basis of the contract between the Artist and ONLY-abstract. By design, it applies to all claims for liability (which may be based, for example, on warranty, tort, negligence). The limitation also applies if ONLY-abstract or its entities have been notified of the possibility of suffering such damage and the remedial measures taken do not meet the intended purpose.
The principle of ONLY-Abstract is the Artist’s independence, that is, the Artist decides to use all ONLY-abstract services himself/herself and may resign from them at any time. The undertaken obligations of the Artist towards third parties may not encumber ONLY-abstract in any image-related, organizational or material way.

The Artist agrees to settle all disputes based on Polish law in the appropriate court of the city of Warsaw. To the extent permitted by law, the Polish version of the Agreement is binding. All language versions of the Agreement are available only for the convenience of the Artist.

Termination of cooperation

Both ONLY-abstract and the Community Member may terminate this Agreement at any time by notifying the other party by sending unequivocal information by email. Termination of the contract is effective from the first day of the next month. Upon termination of the Agreement, the Community Member shall lose the right to use the Services. Despite the termination of the contract, Members and cooperating entities have the right to continue sharing the content and information made available via the Service to the extent that they were copied or re-made available before the termination of the contract. A Community Member may not assign or dispose of this Agreement (neither Membership nor use of the Services) to another person without the written consent of ONLY-abstract. The Member consents to ONLY-abstract transfer of this Agreement to its affiliates or to the party buying it, without the consent of the Artist.

Rules of use for ONLY-abstract

The artist agrees: (1) to use his real name or surname; (2) comply with all applicable laws, including but not limited to laws on the protection of privacy, social coexistence, intellectual property rights, anti-spam laws, export control laws, tax laws and other legal requirements; (3) provide ONLY-abstract real information and keep it up to date; (4) provide all materials and information in accordance with the standards of current forms; (5) notify ONLY-abstract of the possibility of harm to either party; (6) immediately inform about any irregularities, torts, negligence, etc.
The member agrees that he/she will not: (1) violate the intellectual property rights of others or other property rights; (2) use means and processes to capture data from the Services, copy, use and distribute any information obtained from the Services without the express consent of ONLY-abstract; (3) mislead using ONLY-abstract verbal and visual symbolism in the terminology, e-mail messages or website address used to suggest and declare that the Artist is associated or recommended by ONLY-abstract when he/she is not a Member or after termination of the contract; (4) monitor the Services for the purposes of competitive activity or acting to the detriment of ONLY-abstract; (5) use bots or other automatic methods to access the Services; (6) in any way commercialize the Services or access to these Services without the consent of ONLY-abstract; (7) send content containing computer viruses, worms or other harmful codes, spam.

The member agrees that the only way to provide us with legal information, notifications or information is to contact us by email at: contact@only-abstract.com. If it is impossible to provide the Community Member with permanent or temporary information via email, the rules described on the portal in parts of the portal made available to Artists shall apply.

Regulations for Artists of participation in the ONLY-abstract Project introduced in force from 01.01.2020 (Version 26.05.2020).

CODES Jarosław Filipek, 3 Maja 11, 05-080 Izabelin B, VAT: PL1180032656