General Terms and Conditions (AGB)

Munchies Art Club
Last Updated: 30.12.2024

1. Scope of Application

1.1. These General Terms and Conditions (hereinafter referred to as "AGB") govern the business relationship between Munchies Art Club (hereinafter referred to as "we," "us," or "the Company") and users of our services (hereinafter referred to as "you" or "the Client").
1.2. By using our services, you agree to these terms and conditions in full. Deviating agreements must be explicitly confirmed in writing.

2. Services Provided

We offer the following services:
2.1. Editorial Articles and Features: Creation and publication of articles about selected artists and galleries on our platform.
2.2. Social Media Promotion: Posts, reels, and story campaigns on Instagram, including optional targeted ads.
2.3. Open Calls for Artists: Opportunities for artists to submit their work for selection and potential publication on our website and social media channels.
2.4. Art Curation and Recommendations: Curated lists and content promoting emerging talents and must-follow artists.
2.5. Advertising Packages: Tailored packages for artists and galleries to promote exhibitions and artworks.
2.6. Membership and Subscription Options: Access to exclusive campaigns, features, and content for subscribers.
2.7. Publishing Across Multiple Channels: Integration of content on our website, Substack, Instagram, YouTube, and TikTok.
2.8. Campaign Consulting: Personalized advice on social media strategies and content marketing for artists and galleries.

3. Terms of Use

3.1. All services are available as outlined in our current service descriptions.
3.2. Participation in open calls or use of promotional packages requires payment as specified in the respective offer.
3.3. Clients must provide accurate information and materials for the successful execution of services (e.g., artwork images, descriptions, social media links).

4. Pricing and Payment Terms

4.1. Prices for services are listed on our website or communicated directly. All prices include applicable taxes.
4.2. Payment must be made in advance unless otherwise agreed. Payment methods include bank transfer, PayPal, or other payment options specified during checkout.
4.3. In the event of non-payment, we reserve the right to suspend or cancel services.

5. Cancellation and Refund Policy

5.1. Cancellations must be communicated in writing at least 7 days before the scheduled start of the service.
5.2. Refunds are only granted if the cancellation occurs within the specified period or if the service cannot be delivered due to our fault.

6. Liability

6.1. We are not liable for any errors, delays, or interruptions caused by third-party platforms (e.g., Instagram, Substack).
6.2. Our liability for any claims arising from the use of our services is limited to the amount paid for the service in question.
6.3. We are not responsible for the content, accuracy, or legality of materials provided by the Client.

7. Intellectual Property

7.1. All content created by us, including articles, campaigns, and social media posts, remains our intellectual property unless explicitly transferred.
7.2. The Client grants us the right to use provided materials (e.g., images, text) for the purpose of fulfilling the agreed service.

8. Data Protection

8.1. We collect, process, and store personal data in accordance with applicable data protection laws.
8.2. For details, please refer to our Privacy Policy.

9. Governing Law and Jurisdiction

9.1. These AGB are governed by the laws of [Insert Country/State].
9.2. Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts in [Insert City].

10. Final Provisions

10.1. Should any provision of these terms be or become invalid, the remaining provisions will remain unaffected.
10.2. We reserve the right to amend these terms and conditions at any time. Changes will be communicated to you in advance.

Open Call Policy

  1. Submission Fee
    1.1. Participation in the Open Call requires a non-refundable submission fee of €12 per entry.
    1.2. Payment of the fee does not guarantee selection for publication or promotion.
    1.3. The submission fee is used to cover the administrative and organizational costs of the Open Call process.
  2. Transparency on the Submission Fee
    2.1. The €12 submission fee is designed to cover:
    - Administrative costs associated with managing the Open Call.
    - Time and effort spent reviewing and evaluating submissions by curators or the Munchies Art Club team.
    - Organizational support to maintain a professional and curated process.
    2.2. The fee is not a payment for promotion or guaranteed selection but ensures that each submission is considered fairly in the selection process.
    2.3. The fee is non-refundable, even if the submission is not selected for publication or promotion.
    2.4. This transparency aims to set clear expectations for participants, reinforcing that the Open Call is a professional initiative that values thoughtful curation.
  3. Eligibility Criteria
    3.1. The Open Call is open to all emerging and contemporary artists working in disciplines such as painting, sculpture, ceramics, and multimedia art.
    3.2. Submissions must align with Munchies Art Club’s editorial vision and meet quality standards (e.g., clear artwork images).
    3.3. Artists must ensure all submitted content is original and does not infringe on third-party rights.
  4. Selection Process
    4.1. Submissions will be reviewed by an invited curator, an art professional, or the Munchies Art Club team.
    4.2. Selection is based on artistic quality, creativity, and the suitability of the artwork for our platform and audience.
    4.3. Only selected artists will be notified; non-selected artists will not receive feedback or updates.
  5. Content Usage Agreement
    5.1. Selected artists must complete a Content Usage Agreement after the selection process.
    5.2. This agreement grants Munchies Art Club permission to:
    - Use images and content directly from the artist’s Instagram page.
    - Publish and share the content on the following platforms:
    - Website: Group article featuring all selected artists.
    - Social Media: Instagram carousel posts and optional promotion on Substack Notes, Facebook, TikTok, and LinkedIn.
    5.3. Artists will be properly credited in all publications, including their name and social media handle.
  6. Publication and Content Longevity
    6.1. Selected artists will be featured in a group article on the Munchies Art Club website. This article will remain accessible indefinitely unless removal is requested.
    6.2. Instagram carousel posts will remain published for one year, with optional extensions based on Munchies Art Club’s discretion.
    6.3. Optional promotions on Substack, Facebook, TikTok, and other platforms will follow editorial relevance and timing.
  7. Content Rights and Ownership
    7.1. All rights to the original artwork remain with the artist.
    7.2. By completing the Content Usage Agreement, the artist consents to the use of their submitted materials for publication and promotional purposes related to the Open Call.
  8. Content Removal Policy
    8.1. Munchies Art Club reserves the right to remove or update content at its discretion.
    8.2. If an artist requests the removal of their content:
    - They must submit a written request via email to [Insert Email Address].
    - Allow up to 7 business days for the removal of all associated content, including social media posts.
    - A written email is mandatory for processing the removal.
  9. Data Privacy and Communication
    9.1. Personal information (e.g., email, Instagram handle) collected during the submission process will be used solely for Open Call-related purposes and handled in compliance with applicable data protection laws (e.g., GDPR).
    9.2. Selected artists will be contacted via email regarding next steps. Non-selected artists will not be contacted.
  10. Purpose of the Open Call
  • The Open Call is designed to showcase emerging talents, increase visibility for selected artists, and create meaningful connections between contemporary artists and their audience.