Artek Open Archive Terms of Use

  1. General
    1. These Terms of Use contain the terms and conditions under which Artek Oy Ab (business ID 0106656-2), with a place of business at Lemuntie 3-5 B, 00510 Helsinki, Finland (“Artek”) provides the Artek Open Archive –service ( “Service”) to You (”User”).
    2. The User confirms that it has read these Terms of Use and agrees to comply with them.
  2. Service
    1. The Service is defined in the service description (”Service Description”) offered on the Artek Open Archive website (”Website”). Artek reserves the right to change the Service at its own sole discretion, and will use reasonable endeavours to notify User of any changes by posting a notice of the change on the Website. All changes will come into force as soon as they have been implemented.
    2. Artek reserves the sole unfettered right to discontinue the service at any time without notice.
    3. Artek endeavours to keep the Service available 24 hours per day, but does not grant any warranties or make any representations about the Service’s actual usability or availability and does not warrant that the Service is error-free.
  3. Rights
    1. Artek and its partners own all rights to the Service.
    2. The User is given a limited non-exclusive, non-sublicensable and non-transferable personal right to use the Service according to these Terms of Use and the Service Description.
    3. Some of the materials made available via the Service can be licensed under terms that differ from those stipulated in these Terms of Use. In such cases the User’s right to use the materials is set out in the license governing that specific material. As an example, photographs offered via the Service are (when so expressly stated) licensed under a Creative Commons lisense chosen by Artek, the terms of which are accessible via the Service.
  4. User Submitted materials
    1. The User owns all rights to any materials it submits to the Service (”User Materials”), provided that the User has such rights under applicable law.
    2. The User is responsible for, and warrants that, the User Materials do not cause harm or interference to the Service, infringe any rights of a third party, or violate any recognised best practices, laws, regulations or these Terms of Use. The User specifically warrants that it has all the rights to any photographs submitted to the Service or the rightholder’s permission to submit the photograph to the Service.
    3. The User grants Artek the non-revocable and unlimited right, free of charge, to use, publish, copy, make derivate works of and distribute the User Materials either in a modified or unmodified form.
    4. Artek does not warrant that the User Materials will be added to the Service. Artek reserves the right to decide in its own sole discretion whether to add the User Materials to the Service.
  5. User Data
    1. Use of the Service does not require registration, and Artek does not collect any data from ordinary users of the Service that enables those users to be identified. Information about the User (”User Data”) will be collected only when the User submits User Materials to the Service, and the User consents to this User Data being published in the Service.
    2. The collection, use and transfer of User Data is governed by the Service’s Privacy Policy, available on the Website.
  6. Limitation of Liability
    1. The Service and its contents are offered ”as is” and the User uses the Service at its own risk. Artek does not guarantee that the Service or its contents are error-free, usable for a specific purpose, or that the materials available via the Service (including User Materials) do not infringe the rights of third parties. Unless otherwise provided by mandatory applicable law, Artek excludes all liability for any direct, indirect, special, or consequential losses caused by the Service or its use even if it was notified of the possibility of such losses.
  7. Miscellaneous
    1. These Terms of Use are governed by Finnish law, and all disputes are submitted to the exclusive jurisdiction of a Finnish court of competent jurisdiction.

Artek Open Archive Privacy Policy

8 Name and address of the Data Controller

Artek Oy AB
Business ID 0106656-2
Lemuntie 3-5 B, 00510
Helsinki, Finland (“Artek”) Email: press@artek.fi

9 Name of the Register

Artek Open Archive (“Service”) User Register.

10 Types of information collected and stored

Artek collects the following information (”User Data”) from a user (”User”) submitting materials (“User Material”) to the Service

11 Purposes for which the information is used

Artek collects the User Data in order to be able to provide the Service in accordance with applicable laws and the Term of Use of the Service. For example the name and contact details of the rightholder and the photographer (if different) are collected in order for Artek to be able to properly attribute the submitted User Material in the Service. The User Data can be used for direct marketing or other type of marketing provided that the User has given its express consent for such marketing. The User Data can also be used for contacting the User if required for the provision of the Service or for the utilisation of User Material.

If the User Material is added to the Service, all of the User Data will become publicly visible in the Service.

12 Source of the information

The User Data will be collected when the User submits User Material to the Service.

13 Right to inspect the information

Artek does not verify the accuracy of the User Data. The User has the right to inspect the User Data either via the Service or by requesting it in writing from Artek.

14 Disclosure of the information to third parties

Artek does not disclose the User Data to third parties unless doing so is necessary to verify the rights to any given material or if applicable law so requires. Artek does not transfer any User Data outside of the European Union or the European Economic Area (”EEA”). However, the User Data of those users whose User Material is published in the Service is made publicly available and thus can be transferred outside of the EU or the EEA.

15 Removing of information from the Register

The User can request the removal of any User Data by contacting Artek. Removal of any User Data does not, however, affect the license to the User Material granted by the User to Artek.

16 Cookies

The Service might use cookies to track its usage. The cookies are not, however, used to collect any information relating to an identifiable individual and are only used for example to monitor the user and download figures.

17 Data Security

Artek uses industry standard security mechanisms to protect the information stored in the User Register. These mechanisms can include storing the User Data in a protected database. User Data of Users whose User Material is published in the Service is not protected.