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TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (hereinafter referred to as “Terms”) govern the use of information and images, including but not limited to text, photographs, depictions of artworks, and other materials (hereinafter referred to as “Content”) contained in or affiliated with the Karel Appel Foundation’s (hereinafter referred to as “KAF”) digital publication: Catalogue of Works by Karel Appel (hereinafter referred to as “Catalogue”) and other expressions in any form whatsoever such as – but not limited to - correspondence, publications, captions and conversations.

The Terms should be read carefully before starting to use the Catalogue. By ticking off the box below this window you accept the Terms and you agree to be bound and to abide by them. If you do not agree to the Terms, you are not allowed to access the Catalogue.

KAF reserves the right to revise the Terms and its Privacy Policy at any time, and you are encouraged to periodically review the complete Terms to remain apprised of any changes.

1. Authorized Users

Authorized Users are persons who have accepted the Terms and who agree to be bound and to abide by them. The Catalogue may be used for lawful purposes only and in accordance with these Terms. The Foundation reserves the right to restrict, deny, or revoke access to the Catalogue at any time.

Failure to comply shall be considered as unauthorized use. Authorized Users shall promptly notify KAF of any known or suspected unauthorized use(s), or any known or suspected breach of security.

2. Intellectual Property Rights

The Content on the Catalogue is protected by intellectual property rights. KAF retains all intellectual property rights, including the copyrights (hereinafter referred to as the “Copyrights”) in and to works of art by Karel Appel and texts published on this Catalogue. 

The Copyrights concern all the information and art works presented on the Catalogue, which may in some instances be held by KAF in addition to individuals and organizations other than KAF. KAF may make use of copyright notices on the Catalogue in order to indicate KAF’s ownership, consisting of the symbol © and the year of first publication of a particular copyrighted work. Authorized Users agree not to modify, obscure, or remove any copyright notices or other attribution included in the Catalogue and not to authorize others to do so. Authorized Users further agree to comply with applicable copyright laws, regardless of jurisdiction.

Authorized Users shall respect that the successor in title to Karel Appel's moral rights, who is also affiliated with the Foundation, has the right to oppose, among other things, the unauthorized impairment, damage or modification of Karel Appel's work in the sense of Article 25 of the Dutch Copyright Act. This includes the unauthorized offering, distribution or publication of a work as having been made by Karel Appel, as well as the making of extensive changes or alterations to a work.

3. Limitations of Use

The Catalogue and its Content is made available for research as well as for non-commercial, educational, and for personal use only.

Commercial use of the Catalogue and its Content is strictly prohibited, including but not limited to making Content available to individuals and entities, or reproducing Content in a publication.

Any such use of the Content requires the advance written permission of KAF or its representatives. Permissions are granted according to case-by case examinations at the sole discretion of KAF. All uses throughout the world are monitored by Pictoright. To request permission for reproduction please contact Pictoright (www.pictoright.nl), Postbus 15887, 1001 NJ Amsterdam, Telephone +31 (0)20 589 18 40.

In combination with the above limitations, the Authorized User agrees never to use the Catalogue:

• In any way that violates any applicable local or international law or regulation;
• In any conduct that restricts or inhibits anyone's use or enjoyment of the Catalogue, or which, as determined by KAF, may harm KAF or users of the or expose them to liability;
• In any manner that could disable, overburden, damage, or impair the or interfere with any other party's use of the Catalogue, including their ability to engage in real time activities through the Catalogue;
• By any robot, spider or other automatic device, process or means to access the for any purpose, including monitoring or copying any of the Catalogue.
• By any manual process to monitor or copy any of the Catalogue or for any other unauthorized purpose without KAF’s prior written consent;
• By any device, software or routine that interferes with the proper working of the Catalogue;
• For introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• To gain unauthorized access to, interfere with, damage or disrupt any parts of the Catalogue, the server on which the is stored, or any server, computer or database connected to the Catalogue;
• As target of a denial-of-service attack or a distributed denial-of-service attack; or
• By otherwise attempting to interfere with the proper working of the Catalogue.

By using the Catalogue, the Authorized User warrants that he or she will not make use of the Catalogue or its Content for any illegal or improper purpose. The Authorized User agrees to defend, indemnify and hold harmless KAF, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the Authorized User’s violation of the Terms or to his or her use of the Catalogue, including, but not limited to, any use of the Catalogue's Content, services and products other than as expressly authorized in these Terms or his or her use of any information obtained from the Catalogue.

4. Privacy Policy

KAF is committed to protecting the privacy of the Catalogue’s Authorized Users. KAF will comply with the applicable law to the protection of personal and other data, in particular the Uitvoeringswet Algemene Verordening Gegevensbescherming, implementing into Dutch law the Regulation (EU) 2016/679.

The Catalogue’s Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to them, the Authorized User agrees that his or her use of the Catalogue is governed by the Privacy Policy in effect at the time of use.

5. Liability

By applying the Terms KAF will comply with applicable law with regard to exceptions and limitations of its liability. The Catalogue and its Content are provided on an “as is” basis, and any use of the Catalogue and its Content is at the Authorized User’s own risk. KAF cannot be held liable for Content provided by third parties.

Neither KAF nor any person associated with KAF makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Catalogue. Neither KAF nor anyone associated with KAF represents or warrants that the Catalogue, its content or any services or items obtained through the Catalogue will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Catalogue or the server that makes it available are free of viruses or other harmful components or that the Catalogue or any services or items obtained through the Catalogue will otherwise meet needs or expectations of an Authorized User.

In no event will KAF and/or any person associated with KAF, be liable for damages of any kind arising out of or in connection with the use of or the inability to use the Catalogue or any Content on the Catalogue.

KAF reserves the right to change and alter the Catalogue and its Content at any time without notification, which includes additions or removals of works in the Catalogue. As KAF is involved in ongoing evaluation of works attributed to Karel Appel, it does not issue certificates concerning authenticity nor does it render expertise on individual works upon request. Artwork appearance on the Catalogue may in no event be considered or used as a certification of authenticity, confirmation of title, or provenance. Neither KAF, nor any of its representatives, directors, officers, employees, agents or representatives, or others acting for any of them, or their successors, warrants or represents the authenticity of the work or the capacity of any party to convey title thereto.

The Catalogue is established to the best ability of KAF based on information, fast and circumstances available at the time of publication. Entries may be subject to change as scholarship, academic information and insights about an individual work develop overtime and depend  upon  subjective  criteria  which  do not result in proof, guarantee or absolute certainty.

KAF hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. In no event will KAF, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the Authorized User’s use, or inability to use, the Catalogue or any content on the Catalogue, any websites linked to it, or such other websites or any services or items obtained through the Catalogue or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In any case liability is limited to the amount covered by KAF’s insurance and actually paid out in the relevant situation.

6. Terms and Conditions are Subject to Change

KAF may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Catalogue thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the relevant change is posted on the Catalogue. The Authorized User’s continued use of the Catalogue following the posting of revised Terms means that he or she accepts and agrees to the changes. The Authorized User is expected to check each time he or she accesses this Catalogue so he or she is aware of any changes, as they are binding on the Authorized User.

7. Limitation on Time to File Claims

Any cause of action or claim an Authorized User may have arising out of or relating to these Terms or the Catalogue must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

8. Waiver and Severability

No waiver by KAF of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KAF to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

9. Governing Law and Jurisdiction

All matters relating to the use of the Catalogue, Terms, or the Content and any dispute or claim arising therefrom or related thereto will be governed by Dutch law. Venue and jurisdiction for any dispute relating to the Catalogue shall be vested in courts located in The Netherlands.

However, KAF retains the right to bring any suit, action or proceeding against an Authorized User for breach of these Terms in his or her country of residence or any other relevant country. An Authorized Users waives any and all objections to the exercise of jurisdiction over him or her by such courts and to venue in such courts.

Updated Version effective as of July 2024

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