Terms of use

I. Scope of these Terms and Conditions, Platform

Editionly is a place for artists to connect and share their love for artist books. Home to some of the most beautiful self created artworks that you can find on the internet. Editions sole mission is to make the life of artists easier and help them reach a broader audience.

II. Obligations of the Member

1. General obligations which apply to all members:

There are laws (a) with which all members must comply, and rules (b) which Edition itself sets out in order to ensure the smooth operation of the marketplace. Further obligations for members, in addition to those laid out here, can be found in the Editon Guide. Every member is obligated to use the marketplace for lawful purposes only and according to these Terms and Conditions as well as the Edition Guide. Members are themselves responsible without limitation for their offers and content.

a) Principles which apply to all members by law:

Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:

  • criminal law,
  • regulations for the protection of minors,
  • data protection law,
  • third party copyrights,
  • trade mark rights,
  • sign rights,
  • patent rights or rights to a name,
  • moral rights or other third party rights

This means, for example, goods or services which may not be offered and content which may not be published include but are not limited to:

­
  • stolen goods/fenced goods (for example, goods acquired through fraudulent means)
  • ­media harmful to young people
  • ­premium telephone numbers
  • ­incitements to commit crimes, racist content
  • ­propaganda articles of banned parties, associations and groups weapons
  • ­
  • items from anti-­constitutional organisations
  • ­slanderous, defamatory or libellous statements
  • ­counterfeit goods, imitations of branded goods
  • ­
  • content which offends common decency (contra bonos mores)
  • ­images or other files which are protected by copyright if the user has not obtained the respective right of use
  • ­items produced using child labour
  • ­images or other files which infringe trade mark rights, company name rights or other proprietary rights

Furthermore, one should note that there are many items whose trade is subject to special – sometimes very strict – statutory regulations or restrictions. This includes, but is not limited to products from protected plant and animal species.

Please note that content on the Edition marketplace is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries; in particular, members who offer a good or service from non­German countries must usually also observe the regulations applicable in the country where they are offering said good or service.

b) Principles which Edition considers mandatory to ensure a good functioning of the marketplace:

  • ­Members should treat each other with respect!
  • ­Be fair to one another and to Edition! ­
  • Onlygoods and services may be offered at Edition which are suited to Edition. This means that only self created art books/artist books should be offered.
  • ­
  • The seller of a good must actually be able to supply that good or be in a position of supplying it within the timeframe stated in the offer.
  • ­Information provided by the seller as to price, payment, delivery, delivery time, delivery and shipment costs must be accurate, complete and comply with applicable statutory requirements.
  • ­The offer must specify what the seller’s own contribution has been to the production of the product on offer.
  • ­A seller may not pass the Edition fees on to the purchaser in addition to the sales price or collect these from the purchaser.
  • ­Merely providing a link to an internet address does not qualify as a description of a good
  • ­Offers must be listed in the appropriate category.
  • ­Comments, ratings, messages and criticisms must be based upon facts and may not contain defamatory statements.
  • ­Members are not allowed to submit ratings on themselves.
  • ­No technology may be used which might be harmful or pestering to the platform, to members or to third parties (e.g. viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks etc.). This shall include, for example, the automatic read­out of data by crawlers.
  • ­Collecting address data from Edition is prohibited without the consent of the respective member.
  • ­Members may not use the contact details they receive from one another in the scope of communications or transactions for advertising purposes without the express permission of the respective other member.
  • ­The use of spam, snowball systems and similar, unfair marketing measures is prohibited. ­Search word spamming is prohibited.
  • ­URLs may only be included in offers if further information on the respective topic can be found at the URL provided. The content of the linked pages must comply with the applicable law. Links to partner programs, referral URLs, URLs to fee-based subscription sites and online shops etc. are not permitted.
  • ­The member is obligated to avoid placing any excessive strain on the Edition platform. In particular, no content may be published which could endanger the integrity, stability and availability of the platform.

2. Obligations which apply to members who offer goods or services commercially:

A member who acts in a commercial capacity is obligated to announce this clearly and to observe all applicable legal information requirements including the obligation to provide the relevant names and addresses (in Germany: “Impressum” [imprint], regulated in: Sec. 5 German Telemedia Act, TMG), to provide information on how data is handled (in Germany: Sec. 13 TMG), on distance selling of goods and on eCommerce (in particular on the “right of revocation” in Germany, regulated in: Sec. 312d to 312e, Sec. 355 et seq. German Civil Code, BGB, Art. 246, Sec. 1, 3 German Introductory Law to the Civil Code, EGBGB) for their offers and content. If a member who offers goods or services uses their own terms and conditions, these may not contradict the Edition Terms and Conditions. Commercial sellers must additionally ensure they are aware of all regulations applicable to them, such as the provisions of the packaging ordinance.

III. Consequences of violations of law or of these Terms and Conditions

The Edition marketplace can only work smoothly if all members adhere to the rules. Therefore, Edition reserves the right to take measures against members where specific evidence suggests that the member, through his or her use of the platform, violates or has violated applicable law and/or these Terms and Conditions. When deciding upon these measures, Edition shall take into consideration the operational requirements of the Edition platform, own liability risks as well as the legitimate interests of any party asserting a claim and those of the member (e.g. debts, seriousness of the breach of duty, risks, statement of the user). If Edition should learn of evidence for breaches of duty on the part of the member, e.g. through complaints from third parties, Edition will inform the member thereof. When doing so, Edition is entitled to set a time limit for the member to submit a statement on a case by case basis; in the case of extreme urgency, this time limit can be just a few hours. The sanctions which Edition can place on a member are:

  1. issue a written warning to the member, demanding the violation is immediately ceased;
  2. suspend, block or terminate individual offers (e.g. shop, profile, item) or content (e.g. ratings, forum posts, individual information) of the member on the Edition platform;
  3. limit or restrict the member’s use of the Edition platform (e.g. block access to forum, limit number of offers);
  4. preliminary blocking of the member;
  5. exclusion of the member

In the case of the termination of offers or the blocking of a member account (preliminary blocking or exclusion) due to the existence of a violation of the law or a violation of these Terms and Conditions, the member shall owe all fees due in relation to the respective offer up to the point of termination by way of compensation. The fixing of the compensation does not affect the right to provide evidence that no loss, considerably lower losses or considerably higher losses have been incurred. A member whose membership has been terminated is not allowed to reregister at Edition or to use other member accounts. Edition is entitled to remove offers of members at its own discretion if these offers are not in line with the overall image of the platform. Provided the member is not responsible for any breach of duty, Edition will, on request, cancel or reimburse any fees due on the removed offer.

IV. Reporting violations of these Terms and Conditions

Violations of these Terms and Conditions as well as of the Edition Guide may be reported by members writing an email to support@edition.ly. If a report is submitted by the legal representative of an authorised person (e.g. in the case of copyright infringements), we request that the legal representative sends us the notification of the rights infringement together with proof of his or her authorisation to represent the respective person (power of attorney) by email with a scan. Edition reserves the right to demand to see the original of the power of attorney document.

V. Indemnity

The member releases Edition from any claims which third parties might assert against Edition due to a rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This covers, in particular, the listing of items, ratings or forum contributions which is unlawful or contrary to contract. Reasonable costs of a legal defence (in particular, attorney fees) which Edition has demonstrably incurred through the misconduct of the member, must also be reimbursed.

VI. Termination

The user agreement shall run for an indefinite period of time and may be duly terminated by the member or Edition at any time providing a notice period of seven days. Notification of termination by the member may be in the form of a written communication to Edition or an email to support@edition.ly. The right to termination for good cause remains unaffected. In addition to legal grounds for termination for good cause, it shall also constitute cause for immediate termination for Edition if a member, upon receiving a reminder from Edition (which can be grounds for default), does not pay the remuneration due within a reasonable period of time and is in default of payment at the time of the termination. Edition is entitled to institute preliminary measures as per clause VII during the time period set by law.

VII. Rights of Use

  1. The member grants Edition all rights in the content uploaded by him or her to the online platform necessary for the fulfilment of the agreement. This covers, in particular, the right to reproduce, distribute, make available to the public or adapt, for the purpose of providing the services, the content uploaded by the member. Edition is, in particular, entitled to reproduce, distribute and make available to the public all content uploaded by the user also beyond the end of his or her membership.

  2. Furthermore, the member grants Edition the right to use the content listed by him or her in the advertising for the online platform or individual offers, in particular for advertising on the internet (in particular affiliate advertising), in print advertising and/or TV advertising. To this end, Edition is especially entitled to reproduce, distribute, make available to the public, adapt or broadcast content of the member or to communicate the broadcasts or make them available to the public (Sec. 22 German Copyright Act, UrhG).

  3. The rights granted under points 1 and 2 above are granted to Edition as non­exclusive exploitation rights in perpetuity and throughout the universe. The rights granted under points 1 and 2 above may be assigned and sub­licensed by Edition to third parties. Edition shall not be liable to pay any additional remuneration in such cases.

VIII. Limitation of liability

The following provisions on the limitation of liability of Edition apply to all claims for damages and liability cases, irrespective of the legal grounds such claims are based on e.g. guarantee, default, impossibility, breach of duty, impediment to performance, except for:<

  1. claims of the member due to losses caused by injury to life, body or health, rights and claims of the member due to malicious concealment of a defect by Edition or due to the lack of a property for which it has assumed a guarantee,
  2. rights and claims of the member based on wilful or grossly negligent behaviour on the part of Edition itself, its legal representatives or vicarious agents as well as
  3. claims of the member under the German Product Liability Act (Produkthaftungsgesetz). In respect of the aforementioned exceptions, the statutory provisions alone shall apply. Edition is liable for losses caused by simple negligence only where material obligations have been breached, i.e. obligations whose fulfilment is essential for the achievement of the purpose of the agreement or whose fulfilment can normally be relied upon by the contracting partner. In the case of a breach of fundamental obligations, the liability of Edition is limited to compensation for losses typically foreseeable for Edition at the time of conclusion of the agreement. Otherwise, a liability of Edition for losses caused by simple negligence is excluded. Liability for non­availability of the online platform is excluded. In particular, no claims against Edition can exist where non­availability affected purchase agreements, for example because an item cannot be listed or a purchase agreement is not concluded. Edition is not liable for the performance of agreements between members.

IX. Responsibility for content and links

Edition is not obligated to monitor the information transmitted or stored or to search for possibly illegal content.

X. Third party assignment and assumption

Edition is entitled, upon provision of four weeks’ notice, to assign its rights and obligations under this user agreement in whole or in part to a third party. In such a case the member is entitled to terminate the user agreement within three weeks of receiving the notification giving four working days’ notice.

XI. Alterations to the Terms and Conditions

Edition reserves the right to alter these Terms and Conditions at any time and to make the use of the platform subject to new or additional contractual terms. You will be notified of any alterations or additional terms and these will come into effect as soon as they are accepted. Should you not accept the alterations, Edition is entitled to terminate the user relationship.

XII. Final provisions, applicable law and place of jurisdiction

The most recent version of the Terms and Conditions is stored on the Edition platform and is available to be viewed by anyone. The same applies to earlier versions of the Terms and Conditions which are not more than two years old. Edition is entitled, for the purpose of performing its obligations under this agreement, to also avail itself of third parties as so­called vicarious agents. Claims against Edition may not be assigned to third parties either in part or in full. The legal relationship between the parties to this agreement is subject to German law. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 do not apply. Hamburg shall be the sole place of jurisdiction in respect of business persons, legal persons incorporated under public law or special funds under public law. In addition, Hamburg shall be the sole place of jurisdiction in respect of entrepreneurs if the member has no general place of jurisdiction in Germany or the member moves his domicile or main residence out of Germany after the conclusion of the agreement or if the domicile or main residence of the member is unknown.

End of Terms and Conditions
Status: May, 2018

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Editionly is your source to discover fascinating artists' books and their creators. Whether it be illustration, photography or typography - you name it - you can find it here.

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