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Terms Of Use
I. INTRODUCTION

ArtOpen is a free website and community of the visual arts (hereinafter: ArtOpen),
in which artists participate with their artworks and compete for the Artwork
of the Month and Artwork of the Year.

The 'artopen.net' website is managed by 
ZAVOD ZA VIZUALNO KULTURO (INSTITUTE FOR VISUAL CULTURE), 
Sela pri Kamniku 25, 
1240 Kamnik, Slovenia 
(hereinafter: provider)

By joining the ArtOpen website you confirm to agree with the stated terms of use
of the website and their legal consequences.

The provider maintains the right to change and/or amend the terms of use of the 
website at any time and without prior notice, publishing the terms of use thus 
changed on the website. If you do not agree with the terms of use, we kindly ask 
you not to access the ArtOpen website.

The terms of use of this website are based on the currently enforced legislature
of the Republic of Slovenia.


II. PURPOSE

ArtOpen enables presentation, competition, and promotion to both artists and 
judges in one place, enables the buyers to receive an objective professional
opinion about the quality and true value of a given artwork, discovers new 
talents, informs and educates the wider public, and brings contemporary art 
closer to it.


III. TYPES OF USERS

A user is anyone who registers on the ArtOpen website. By signing in once, the 
visitor becomes a registered user of the website (hereinafter: user). Users can 
submit their artworks in a given genre and vote for the Artwork of the Month
and/or Artwork of the Year, and also keep a personal profile on the website.

The visitor registers as a user of the ArtOpen website by filling in the
provided form with the following information: first and last name, nationality,
e-mail (user name), and password. Registration is also enabled through social
networks like Facebook, LinkedIn, and Google+.

The user's user name is his e-mail address. It invariably connects the user
to the information that was filled in. If the user wishes to change his e-mail
address with another at any later point, he must send an order for doing so to 
info@artopen.net. The user will be notified about the change of e-mail address
via e-mail.

The user's personal profile is public if they have competed with their own work 
or have the status of selector or AO selector. To access a user's profile, click 
on their artwork or find them in the list of jury members.

Any user can sign out with a written claim to info@artopen.net at any time. All 
their posted artworks and voting record remain on the ArtOpen website, and the 
provider ensures the anonymity of the profile.

Unregistered visitors of the website can access the website content free of 
charge, but cannot compete with their artwork, nor vote for Artwork of the Month 
and Artwork of the Year. Unregistered users can also purchase an artwork from 
the site.


IV. GENRES

ArtOpen consists of several genres of visual arts, in which the users can compete
and the jury members can vote. These genres are: 

Painting (all genres, oil, acrylic, watercolors, illustration,…)
Drawing (comics, drawings,…)
Graphics (painting graphics, computer graphics,…)
Photography (artistic and journalistic photography,…)
Sculpture (realized artworks, small sculpture, monuments,…)
Conceptual art (installation, performance, performing art,…)
Video (animation, short films,…)	
Graphic design (posters, corporate image, graphic design,…)	
Unique design (unique design, costumes, clothing,…)
Architecture (buildings, exterior design, interior design, scenography,…)


V. CANDIDACY

Candidates can compete each month for Artwork of the Month with one artwork per 
genre. The best work of each month, as decided by jury members, is automatically
in the running for Artwork of the Year in each genre.
    
V.1. Candidate for Artwork of the Month

Candidacy is open to all living artists (or groups of artists) aged 15 or above
and registered as users on the ArtOpen website (hereinafter: candidate).

Upon registration, the candidate confirms to be competing with his own work.

The candidate can compete with only one artwork per month in each genre. 

If the work has qualified for the top 10 in its genre, the author cannot submit
this same work again.

V.2. Candidacy procedure

The user who wishes to submit his work for Artwork of the Month must select the 
genre for his work and follow instructions to upload pictures of (or link to) 
the work, fil in information about the artwork (dimensions, year created, 
technique, materials,...), optionally also the value of the artwork and his 
contact information, for which he determines the privacy settings.

Candidacy for Artwork of the Month takes place in all genres for the entire 
previous month (from the first day of the month at midnight to the last day of 
the month at midnight). Example: artworks for Artwork of the Month of May are 
submitted in April.

Works in competition are uploaded for the whole month on up to 10 web galleries
and are only visible once candidacy is complete, and voting begins.


VI. JURY COMPOSITION

The jury cosists of an unlimited number of artists and other experts in each 
particular area of visual arts, as well as registered users of the website. 
The members of the jury vote monthly for three best artworks in competition in 
each genre.

The jury is made up of:

'AO selectors': acclaimed artists and experts in the field of visual arts, as 
well as jury members who achieve AO selector status through the system of
promotion,

'selectors': creators who are either in training or trained to work in the
field of visual arts, and jury members who achieve selector status through the 
system of promotion,

'users': registered visitors of the website

Every member of the jury can have a personal profile on ArtOpen, presenting
their resume and works.

VI.1. Requirements for AO selectors

AO selector status can be granted to an artist or expert whose work up to date
has been an important artistic contribution or a contribution to the development
of his field of expertise.
	
An artwork is deemed an important cultural contribution if it is, in scope and 
quality, considered exceptional to the professional as well as wider public
(e.g. national award in the field of culture, or an award given by comparable
professional societies, comparable international award or recognition, documented
reviews and publications in professional literature, visibility in the domestic
and international public).

A candidate's work is deemed a contribution to the development of the field of 
expertise if it is, in scope and quality, considered highly professional in both 
professional and the wider public (e.g. documented reviews or publications in 
professional literature, visibility in the domestic and international public,
list of references and artworks).

The qualification of a candidate for AO selector is determined on the basis of 
his work up to date, which is available online and from which the scope and
quality of his work are seen.

If a user believes he meets the requirements for AO selector status, he must
send the follwing data to the provider: first and last name, nationality, 
specification of genre in which the user would like to vote, and e-mail address. 
If the provider determines that the candidate meets the requirements, 
AO selector status is granted.

AO selectors are presented on the website with their full first and last name, 
except in special cases, when the member of the jury works in public under a 
pseudonym and is known by his artistic name.

If the user is registered with a pseudonym and is later awarded AO selector 
status, the provider has the right to ask the user to present himself on the 
website with his full name. If the user disagrees with this requirement, the 
provider may not be able to grant AO selector status.

VI.2. Requirements for selector status

Selector status is available to anyone who is interested in art professionally
(e.g. art school students, art lovers, teachers,...) and whose work can be
valued through publications which are available online; to creators whose work
up to date has demonstrated their continuing or completed training in the field;
to registered users whose voting record has earned them a certain rating.

The qualification of a user for selector can be determined on the basis of a 
list of works or artistic accomplishments, reviews and publications, which are
available online and which demonstrate the scope and quality of the work.

If a user believes he meets the requirements for selector status, he must send 
the follwing data to the provider: first and last name, nationality, 
specification of genre in which the user would like to vote, and e-mail address. 
If the provider determines that the candidate meets the requirements, selector 
status is granted.


VII.VOTING

VII.1. Voting procedure

Once the candidacy period is closed, voting begins on the first of the month at 
midnight. The next first day of the month at midnight the results are posted.
Voting for Artwork of the Month takes place all month (example: candidacy for 
Artwork of the Month of May takes place from April 1 - April 30, voting takes 
place from May 1 to May 31, and the results are posted on June 1). 

Voting takes place when there are at least five artworks in competition in each 
genre. If there are less than five works submitted for a particular genre, the 
gallery remains closed for that month and the submitted works are automatically 
carried over into the next month.

Users, selectors, and AO selectors choose their favourite artworks, which are
listed in the Candidates' gallery. Their favourite works are uploaded into a
special folder, titled Favourites. These are their personal finalists, visible 
only to them. Once the member of the jury selects three works out of his 
favourites, the casting of votes begins. The member of the jury has three votes 
at his disposal:
he can give one vote to each selected work, 
he can give two votes to one work and one to the other, or 
he can give all three votes to just one work. 

By confirming the final decision, the voting is closed.

The voting of users is public and visible to all, even unregistered visitors.
The rating of artworks based on users' votes is updated regularly. The voting
of selectors is secret until the announcement of results, or is only visible to 
AO selectors, while the votes of AO selectors are secret until the announcement 
of results.

Voting takes place when there are at least five artworks in competition in each 
genre. If there are less than five works submitted for a particular genre, 
voting is not possible for that month and the submitted works are automatically 
carried over into the next month.

Every AO selector or selector can, if desired, give a brief explanation or
commentary of his vote, which is published next to the information about the
artwork.

A member of the jury who is competing for Artwork of the Month cannot vote for 
his own artwork.


VII.2. Voting period

Voting for Artwork of the Month begins on the first of the month at midnight
and automatically closes on the last day of the month at midnight.

Each registered user is personally notified, via the e-mail address provided 
upon registration, about the start of voting and alerted on the 25th day of the
month about the closing of the voting period.

The results of voting are visible on the first day of next month in the folder 
titled Winners (example: Artworks of the Month of May are announced on June 1 
at midnight).

The voting period of jury members is indicated on the home page of the website. 
Time remaining until the end of voting, or the beginning of the next event, is 
shown with the countdown clock on the home page.

VII.3. Rating

All three groups of jury members (AO selectors, selectors, and users) have the 
same system of awarding votes. When voting for the Artwork of the Month or 
Artwork of the Year, the final rating is derived as follows:

50% votes from AO selectors
35% votes from selectors
15% votes from users

The artwork with the highest rating is the winner. After voting, the votes are
converted into percentages, in order to make the ratings equal to the ratings
of previous or following months. The winner always has a rating of 100%.

If several artworks receive the same rating, the artworks in
that place are listed alphabetically.


VIII. CERTIFICATES

Certificates are given to the ten best-placed artworks in each genre.
         
VIII.1. Artwork of the Month

The winner of the month receives his certificate for Artwork of the Month by 
e-mail. Upon the publication of the monthly winners, the provider has the right
to notify the media about the event and publish the results on social networks.

The winners are published in the gallery titled Winners of the Month and in the
News column, and they also receive points for promotion as jury members.

The Artwork of the Month qualifies for nominated works, which will compete for 
Artwork of the Year at the end of the year.

VIII.2. Artwork of the Year

In January, alongside the voting for Artwork of the Month of January, the 
selection of Artwork of the Year takes place in the same way. Users, selectors, 
and AO selectors choose, from January 1 at midnight until January 31 at 
midnight, among 21 (at most) nominated artworks in each genre. All together, the 
ten genres can have a maximum of 210 nominees.

All 12 Artworks of the Month are automatically qualified among the nominees. 
They are joined by nine works (at most) that have received the highest 
percentage behind the winners. 

The rating given to a particular artwork in the voting for Artwork of the Month
does not have bearing on the rating for Artwork of the Year. All nominated works
in each genre are equal prior to the vote and are listed in the gallery titled
Winners of the Year in alphabetical order.

AO selectors, selectors, and users vote the same way as for Artwork of the Month.

All nominated works are published in the gallery titled Nominees of the Year for
the time of voting and are visible to each visitor.

The voting of users at the time of voting is visible to all visitors, the voting
of selectors is secret until results are announced, or is only visible to AO 
selectors, and the voting of AO selectors is secret until results are announced.

The final results of the voting are announced on February 1 at midnight, but 
remain, until the award ceremony in February, a trade secret.

VIII.3. Announcing the Artwork of the Year

Winners of the Year in each genre are announced at an annual event in February,
where they receive a certificate for Artwork of the Year. The award for first 
place in each genre comes in the form of an artistic sculpture.

All nominees are presented in the catalogue. 

Once the winning works are announced at the ceremony, the winners are listed 
according to ratings in the web gallery titled Winners of the Year.


IX. RANKINGS

The ranking of artists and jury members is formed on the basis of monthly voting.


IX.1. Rankings for candidates/artists

ArtOpen rankings for artists measure where the artist is placed on ArtOpen, 
based on the ratings of his works. The rankings are updated once a month, after 
each announcement of results.

Voting for Artwork of the Year is excluded from the artists' rankings.

         
IX.2. Rankings for jury members

ArtOpen rankings for jury members measure where the jury member is placed,
based on his rating of artworks. The rakings are updated once a month, after 
each announcement of results.

All three groups of jury members (AO selectors, selectors, and users) have the 
same system of promotion. The basic measure for promotion are the first three 
artworks, as based on the votes of the whole jury. The jury member who gives
one, two, or three votes to one of the three winning works, receives points and
moves up in the rankings.

Voting for Artwork of the Year is excluded from the jury members' rankings.


IX.3. System of promotion for jury members

Each user/jury member can become a selector, and each selector can become an AO 
selector. Each jury member who reaches a certain level is promoted to a higher 
group (the user is promoted to selector, the selector to AO selector).

Changes are made after the voting is closed, on the first day of the month. 

The required level for promotion is set by the provider and can change if 
necessary. The provider publishes every change of the required level in the News 
section.


X. COPYRIGHT

All information and images found on the ArtOpen website are, according to the 
Copyright and Related Rights Act, subject to copyright and other forms of 
intellectual property protection.

Each candidate guarantees and is held accountable that the uploaded work is his 
own.

Artists who participate allow the provider to publish their work free of charge 
for the purposes of promoting the website, informing the public, compiling 
catalogues, as well as other needs of the website.

Artworks that are competing for Artwork of the Month cannot be removed from 
ArtOpen once candidacy is closed. They remain published on the website until the 
website is terminated.

Use, copying, distribution or reproduction of any artworks in competition on the
ArtOpen website is forbidden without the author's consent.


XI. SALE AND PURCHASE

Artists can use the website to sell the works that compete for Artwork of the
Month. They must set the selling price, which can be changed at will until a
reservation is confirmed.

If the artist wishes to sell his artwork, he commits, upon candidacy, to sell
the artwork via the ArtOpen website for at least two months after the 
publication of the sale. 

After two months, the artist commits to remove the price from the website if he
sells the artwork via some other channel.

An artwork that is for sale on ArtOpen can be purchased by any visitor, simply
by clicking the 'Buy' button on the page where the work is presented.

The buyer pays the reservation fee, which amounts to 20% of the artwork's value,
on the website. 

If there are multiple buyers, the provider will consider the reservation that 
was paid first. Other payments for the same artwork will be returned in full.

The procedure of purchase has several steps:

1. entry of buyer's information
2. overview/check of information
3. selection of reservation fee payment (bank transfer with invoice, paypal...)
4. reservation fee payment

The procedure of sending the artwork begins when the provider receives payment
of the reservation fee. That is when the provider labels the artwork on the 
website as 'sold'. The buyer will be notified via e-mail about the confirmation 
or rejection of the reservation. A note will also be sent confirming the payment 
of the reservation fee. 

The nature of payment and delivery of the artwork is arranged by the buyer and 
seller themselves.

The artist/seller commits to issuing a final receipt, the appropriate 
documentation, insurance, packaging and delivery of the artwork. The costs of 
packaging, insurance, and delivery are usually assumed by the buyer, unless the 
buyer and seller come to a different arrangement. 


XII. PRIVACY POLICY

The privacy protection policy is outlined in a separate document, which is 
available on the ArtOpen website.


XIII. VALIDITY

These terms are valid from 1.12.2016 until revocation.