The Museum of Avant-garde, also trading as “MA-g” 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 below.
1.1
By accessing this Website, you agree to these Terms and Conditions and to all other applicable laws. If you do not agree to be bound by these Terms and Conditions, you must not use this Website.
1.2
These Terms and Conditions:
1.2.1
Apply immediately upon your accessing the Website and every time thereafter.
1.2.2
May be changed or terminated by The Museum of Avant-garde at any time without prior notice. You agree that it is your responsibility to check for updates. Continued use of the Website constitutes acceptance of the updated Terms.
1.3
Provisions relating to disclaimers, copyright, trademarks, limitation of liability, indemnity, hypertext links, severance, law and jurisdiction, and transaction terms shall survive termination
2.1
This Website and its materials, products, and services are provided on an “as is” and “as available” basis.
2.2
To the fullest extent permitted by law, The Museum of Avant-garde disclaims all representations or warranties, expressed or implied, including but not limited to warranties of quality, accuracy, timeliness, reliability, merchantability, fitness for a particular purpose, or non-infringement.
2.3
The Museum of Avant-garde does not warrant that the Website, linked content, or third-party contributions will be uninterrupted, error-free, or virus-free.
3.1
You Ownership of MA-g materials
All original textual content, database design, interface layout, curatorial essays, metadata, and other materials explicitly created by MA-g (MoA-g SA) are the exclusive property of MA-g. All rights are reserved. No rights are granted to copy, reproduce, distribute, publicly display, or create derivative works from MA-g content except as expressly permitted in writing.
3.2
Use of images of artworks — general clarification
Unless explicitly stated otherwise, MA-g does not claim copyright or ownership of images of artworks displayed on this Website. Copyright remains with the original rights holders (artists, estates, licensors, or other third parties). Images are provided solely for low-resolution on-screen viewing for personal inspection, research, or educational purposes. Displaying images on the Website does not grant any license to reproduce, distribute, download, adapt, or otherwise use the image beyond on-screen viewing.
3.3
Avant-garde Collection (low-resolution viewing only)
Images in the Avant-garde Collection are displayed at deliberately low resolution, derived from legally acquired copies owned by MA-g. MA-g does not assert copyright over these images. Any reproduction, distribution, download, adaptation, public display, or other use beyond personal on-screen inspection is strictly prohibited. MA-g disclaims any liability for copyright ownership disputes and reserves the right to remove images immediately upon receipt of a valid rights claim.
3.4
Contemporary Collection (artist-submitted works)
All images in the Contemporary Collection are provided directly by artists or authorized representatives. Each submitting artist warrants that they have obtained all necessary rights and permissions to have the image displayed on this Website, including any third-party rights. Each submitting artist agrees to indemnify and hold harmless MA-g (MoA-g SA), its officers, employees, and agents against all claims, liabilities, losses, costs, or expenses (including legal fees) arising from a breach of these warranties. MA-g may remove or restrict access to any such content upon receipt of a rights claim without prior notice.
3.5
Prohibited acts and technical protection measures
All content on the Website, including images, text, metadata, labels, essays, and other materials, is protected. Downloading, copying, reproducing, storing, distributing, or using any content in any form (commercial or non-commercial) without explicit written permission from MA-g or the relevant rights holder is strictly prohibited. Circumventing technical protection measures, including anti-download or anti-scrape functions, is strictly prohibited and may lead to legal liability.
3.6
Requests for research or academic access
For legitimate academic, research, or curatorial purposes, individuals or institutions may submit written requests to MA-g specifying: item(s), intended use, geographic scope, duration, and whether use is commercial or non-commercial. MA-g evaluates each request on a case-by-case basis. Permission, if granted, is provided in writing and may include conditions such as attribution, resolution limits, timeframe, format restrictions, or other limitations.
3.7
Rights claims and removal procedure
If you are a copyright or rights holder (or authorized representative) and believe content on this Website infringes your rights, contact MA-g promptly at info@ma-g.org with: (a) proof of ownership or authority; (b) identification and URL(s) of disputed content; (c) a signed good-faith statement. MA-g will investigate and may remove or restrict access to the content pending verification. MA-g may also notify the artist-submitter if relevant.
3.8
Indemnity by users
Users agree to indemnify and hold MA-g (MoA-g SA) harmless from any claims, liabilities, losses, or expenses, including reasonable legal fees, arising from breach of these Terms, misuse of Website content, or violation of any rights by the user or anyone using the user’s name or account.
3.9
Limitation of liability and disclaimers
The Website and its content are provided “as is”. MA-g disclaims all warranties of any kind, express or implied, including accuracy, completeness, fitness for a particular purpose, or non-infringement. MA-g is not liable for any direct, indirect, incidental, special, or consequential damages arising from use of the Website or reliance on its content, even if MA-g has been advised of the possibility of such damages.
3.10
Governing law, jurisdiction, severability
These Terms are governed by the laws of Switzerland. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Switzerland. If any provision of these Terms is found invalid or unenforceable under applicable law, such provision is severed without affecting the remaining provisions.
The trademarks, logos, and service marks displayed on this Website are, unless otherwise specified, the property of The Museum of Avant-garde. No rights are granted to use any of them without prior written permission.
5.1
Except in cases of death or personal injury resulting from negligence, The Museum of Avant-garde shall not be liable for:
5.1.1
Any loss or damage arising from use of the Website;
5.1.2
Reliance on any Website content;
5.1.3
Transactions with third parties via the Website;
5.1.4
Loss of profits, business, or consequential damages.
5.2
These exclusions apply even if The Museum of Avant-garde has been advised of the possibility of such loss.
The Museum of Avant-garde may serve notice via email, Website posting, or postal mail to your provided address.
7.1
The Website may contain links to external websites. Use of such links is entirely at your own risk.
7.2
The Museum of Avant-garde is not responsible for content or policies of third-party websites.
8.1
You may not upload, distribute, or publish unlawful material through this Website.
8.2
The Museum of Avant-garde records all downloads of high-resolution images. Misuse may result in legal action or financial recompense.
8.3
Failure to enforce rights shall not be deemed a waiver.
You agree to indemnify The Museum of Avant-garde for all claims, costs, and damages arising from your breach of these Terms or misuse of the Website.
If under 18, you confirm you have parental consent before sending any personal data online.
If any provision is held invalid or unenforceable, the remaining Terms remain in effect.
These Terms are governed by Swiss law. The courts of Switzerland shall have exclusive jurisdiction, though The Museum of Avant-garde may pursue proceedings in other jurisdictions.
These Terms do not override transaction-specific terms. In case of conflict, the latter shall prevail.
The Museum of Avant-garde (“MA-g”, “we”, “us”, “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, share, and protect your personal data when you use our websites and services, including ma-g.org and submissions.ma-g.org. It also explains your rights under applicable data protection laws, including Swiss data protection law and, where applicable, the EU GDPR.
The data controller responsible for your personal data is:
MoA-g SA (The Museum of Avant-garde)
Via Industria 5, 6850 Mendrisio
Switzerland
If you have questions or concerns about how your data is handled, including complaints, you may contact us at support@ma-g.org.
3.1
Personal Data
We collect personal data that you voluntarily provide, including but not limited to:
3.1.1
name, email address, postal address;
3.1.2
any information you provide when registering for an account, subscribing to newsletters, entering competitions/submissions;
3.1.3
any content or data you upload to the site (including user submissions).
We also collect personal data where required in order to provide services (e.g. to contact you, provide you access to restricted areas, process payments if applicable, etc.).
We automatically collect non-personal data when you visit or use our Website, including but not limited to:
3.2.1
IP address, browser type, device type, operating system;
3.2.2
pages viewed, time spent, click behaviour, referral source;
3.2.3
cookie data, analytics, aggregated usage statistics.
We may aggregate non-personal data in a form that no longer identifies you personally.
When we process personal data, we rely on one or more of the following legal bases:
4.1
Consent
where you have given clear consent for us to process your data for specific purposes (e.g. marketing, analytics, cookies).
4.2
Performance of a contract
where processing is necessary for the performance of a contract to which you are a party.
4.3
Legitimate interests
where we have a legitimate interest (which is not overridden by your rights) — for example, security of the site, analysing usage to improve the Website.
4.4
Legal obligation
where required by law.
We use your personal data for purposes including (but not limited to):
5.1
providing, maintaining, and improving our Website and services;
5.2
communicating with you (e.g. by email) about newsletters, policies, submissions, service updates;
5.3
managing user accounts, processes for submissions or contests;
5.4
marketing activities, only if you have expressly consented;
5.5
security, fraud prevention, detection of abuses;
5.6
complying with legal or regulatory obligations.
We may share your data with third parties in the following circumstances:
6.1
with service providers who assist us (e.g., hosting, email service providers, analytics providers, payment processors) under contract and limited purpose;
6.2
when required by law or regulation;
6.3
to protect our rights, safety, or security;
6.4
in connection with legal claims or investigations.
We do not sell your personal data to third parties for their own marketing purposes.
If your personal data is transferred outside Switzerland or the EEA, we ensure that it is protected in accordance with applicable law. This may include use of standard contractual clauses, adequacy decisions, or other legal safeguards.
We retain your personal data only as long as necessary for the purposes for which it was collected, including for legal, accounting, or reporting requirements. After this period, your data will be securely deleted or anonymised.
You have rights under applicable data protection law, including, where relevant:
9.1
the right to access your data;
9.2
the right to rectify inaccurate or incomplete data;
9.3
the right to erase (“right to be forgotten”);
9.4
the right to restrict or object to processing;
9.5
the right to data portability (where applicable);
9.6
the right to withdraw consent at any time, without affecting processing done prior to withdrawal;
9.7
the right to lodge a complaint with the relevant supervisory authority (in Switzerland: the Federal Data Protection and Information Commissioner (FDPIC); in EU: the national authority).
We use technical and organisational measures to protect your personal data against unauthorised or unlawful processing, and against accidental loss, destruction or damage. These measures include encryption, secure servers, access controls, and regular security audits.
Our Website is not intended for children under 16 (or other age threshold required by local law). We do not knowingly collect personal data from children without parental consent. If you believe we have inadvertently collected data from a child, please contact us; we will delete the data as required by law.
12.1
What are cookies
Cookies are small text files stored on your device when you visit the Website that help us recognise your browser, remember your preferences, and collect analytics.
12.2
Categories of cookies
12.2.1
Essential / Strictly Necessary: required for core functions (e.g. login, session, account, security).
12.2.2
Analytics & Performance: to understand how users interact with the Website, so we can improve performance.
12.2.3
Functional / Personalisation: to remember preferences, settings, etc.
12.2.4
Marketing / Advertising & Social Sharing: for advertising, tracking, social media integration, sharing content.
12.3
Consent & Control
Before non-essential cookies are placed, we obtain your explicit consent (cookie banner or settings). You can withdraw or change consent at any time via the Cookie Settings or through links in our Privacy Policy. Some parts of the Website may not function properly if non-essential cookies are disabled.
If you subscribe to our newsletters or other communications, you provide valid contact information (name, email). You agree to receive communications from us regarding MA-g’s activities. You may unsubscribe at any time via a clearly provided link in each communication, or by contacting privacy@ma-g.org. After unsubscribing, we will cease sending those communications and delete your data if no longer necessary for other legal purposes.
You may:
14.1
request correction or update of your personal data;
14.2
request export of your personal data in a commonly used machine-readable format;
14.3
request deletion of your personal data (erasure), subject to legal obligations;
14.4
opt out of data sharing / marketing communications.
We may update this Privacy Policy from time to time. We will post the revised version on the Website with a new “Last updated” date. If changes are material, we may provide additional notice (e.g. via email).
For any enquiries, corrections, complaints, or to exercise your rights, contact:
MoA-g SA (The Museum of Avant-garde)
Via Industria 5, 6850 Mendrisio
Switzerland