Terms of Service
The Terms of Service of Membrana Institute, represented by director Dr. Jan Babnik, Maurerjeva 8, 1000 Ljubljana. Membrana may change the terms from time to time and at any time, and without actual notice to you. All such changes to these terms will appear on membrana.org. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these terms, please do not use this site.
VALIDITY OF THE TERMS AND PLACE OF JURISDICTION
(1) The place of jurisdiction is Ljubljana, Slovenia. However, Membrana is entitled to assert claims against the purchaser in any other competent court of law.
(2) All contracts are subject to Slovenian law. This also applies to orders from foreign countries and deliveries made abroad.
(3) Additions and amendments to the contract must be in written form to be legally effective. Verbal collateral agreements are not valid.
(4) If individual provisions of this contract are or become invalid in full or in part, this shall not affect the remaining provisions of the contract. In the case of such invalidity, the contractual partners shall agree on a legally valid replacement provision that most closely resembles the invalid one in economic terms. The same applies should a loophole be found within the contract.
DESCRIPTION OF SERVICE
(1) Membrana provides users with a variety of online services, including but not limited to:
- Membrana online content, including essays, articles, critique, interviews, etc.;
- subscriptions for individuals and institutions to all our published content.
- news of other activities of Membrana Institute;
- links to grants, fellowships, residencies, scholarships, awards, and competitions.
(2) The Membranajournal is published online in HTML and PDF formats and biannually in print. The following Membrana conditions exclusively govern all related subscription contracts and also contracts involving the delivery of individual magazines and books from Membrana Institute.
(3) Membrana does not recognise any terms and conditions of the respective contractual partner that deviate from the present Membrana general terms and conditions. Any deviating terms and conditions will not become an integral part of the contract even if Membrana does not explicitly object to them. Upon placing an order, the exclusive validity of these terms and conditions is recognised by the customer.
Unless otherwise stated, Membrana and/or its licensors own the intellectual property rights for all material on Membrana. All intellectual property rights are reserved. You may access this from Membrana for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- republish material from Membrana;
- sell, rent, or sub-license material from Membrana;
- reproduce, duplicate, or copy material from Membrana;
- redistribute content from Membrana.
(1) This section applies to all the content and data submitted to us via all the methods of submission (online form, email. and post). Submitted content is not the same as published content. Submitted content is not necessary the content that is published publicly on our various services (for published content, the submitter agrees to the Publishing Agreement in addition to Terms of Service). The publishing agreement is a mutual agreement between the publisher (Membrana) and the author, which is settled individually prior to publishing. Submission is processed via our online forms (Proposal, Submission, Contact Form, and all the Subscription options forms), through email (@membrana.org addresses) and via post to our office address. You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files, or other materials (“content”), which are transmitted, posted, or distributed by you through Membrana.
(2) Membrana does not claim any permanent ownership of content you submit or make available for inclusion in our magazine, online and in print. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as we host your work on the service (for the transparency and academic credibility of our peer review process the submitted content is safely stored in our system as long as it is necessary). For example, one purpose for this limited license is to enable Membrana to stream and present your work across all our networks (including editorial content about you and your work), and partner sites that present your work professionally. We require a limited license for your content in order to present it in the many places and various forms. The limited license below is required to allow Membrana to host, display, organise, and propagate a member’s portfolio of projects. By communicating with Membrana, including submitting or sending content, correspondence or other information or material to Membrana, you grant Membrana a limited license for the period of time your content is published in Membrana’s systems, to display the work royalty-free, unrestricted, and world-wide across Membrana’s sites. In some instances, the media must be reformatted for display and incorporation into Membrana’s galleries. As such, during this limited license, you allow Membrana to reproduce, modify, publish, translate, distribute, perform, and display your content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating content, in whole or in part, into a Membrana feature or in promotional or marketing materials (attributed properly to the artist).
(3) Membrana will never assume ownership of your work, and the artist’s copyright settings, as selected by the author, under Slovenian copyright law, and the author decides whether or not to sell their work to third parties – detailed conditions are described in the Publishing Agreement. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your content. You acknowledge and agree that the display or inclusion of your content shall be in the sole discretion of Membrana and your content may or may not be included on the Membrana website for any reason or no reason at all.
(4) By uploading content to Membrana’s website, via post, or sending it directly to our (@membrana.org) email addresses, you agree not to violate any law, regulation or agreement with respect to any intellectual property right which may apply, and you further agree to indemnify, defend and hold Membrana harmless.
(1) The Membrana journal is published biannually in print and online.
(2) You may subscribe on our website or through direct contact.
(3) The subscription contract for the journal automatically entails a minimum contract period of one year, which includes access to our online content (according to the terms of our subscription options) and (if chosen) two issues of the printed journal. It is possible to enter into a special agreement upon a written consultation with Membrana.
(4) Once a subscription contract has been concluded and payment cleared, Membrana will send a confirmation email and enable access to online content (according to the terms described in subscription options) and (if chosen) as the first delivery send the issue of the journal that has most recently been published at the time of the subscription order.
(5) Subscribers are required to inform Membrana of any change of postal address in case of printed journal subscription. Any delivery problems need to be addressed immediately.
(6) Subscribers can change their information on their account page.
(1) There is a minimum contract period of one year starting on the day that Membrana receives the subscription order, unless a different contract has been agreed upon by both parties. The subscription contract is automatically renewed for a further year unless Membrana receives cancellation notice before the subscription year ends.
(2) The applicable cancellation date is the day that Membrana receives the cancellation notice through our website form (or in written email in the case the website does not function properly).
(3) Mailable products in packages are subject to the sender’s own risk. The costs of sending the products back and the risk of accidental loss or damage during transport are the responsibility of the sender.
(4) Products that have been damaged by the purchaser will not be taken back.
PRICING AND SHIPPING COSTS
(1) The journal subscription rate is invoiced and billed automatically via our payment services (Paypal and Stripe) ahead of time for the service period of at least one year. If the subscription is not cancelled prior to the beginning of the next year-long service period the subscription is automatically renewed, billed and invoiced for an additional year.
(2) Shipping and handling costs are included in the subscription rate.
(3) Should the subscription rate be raised during the contract period, then the new rate will be charged starting at the beginning of the next year-long service period or of the first year-long service period after the subscription has been renewed. The subscriber will receive a notice about the changed pricing ahead of billing.
(4) Payment for journal subscriptions or for the purchase of products can be made by bank transfer to one of our accounts (in this case the subscription is finalized through email correspondence), automatically via online subscription form by credit card (through Stripe) or via PayPal.
DELIVERY, RESERVATION OF PROPRIETARY RIGHTS, TRANSPORT-RELATED RISKS, TRANSFER OF RISK
(1) Delivery is made from a warehouse and includes an invoice payable by the purchaser. The purchaser bears the risk of accidental loss or deterioration during shipping. You have 10 days to notify us of any such occurrence and we will do our best to amend the situation.
(2) Membrana retains ownership of the magazines and products that it sends out until all accounts have been settled by the purchaser.
(3) Any information about estimated delivery date is tentative, unless a binding delivery date has been named as an exception to the rule. Exceeded estimated delivery dates do not fundamentally entitle the purchaser to withdraw from the contract.
LIMITATION OF LIABILITY
(1) Membrana assumes no liability for the topicality, content-related accuracy, and completeness of the information contained in the magazine or present on the internet website.
(2) Membrana in no way influences the design and content of external internet pages. It therefore expressly distances itself from all outside content, even if Membrana has placed links to such external webpages. The same applies to all links displayed on the Membrana homepage and to all content of the pages to which banners and links lead, as well as to guest entries on the webpages established by Membrana.
(3) For displaying online content, Membrana uses worldwide CDN and regularly checks that the accessibility of online content is within normal parameters worldwide. Membrana assumes no liability for the slow accessibility speed that is the result of the poor performance of the internet service provider that subscriber uses.
DATA PROTECTION AND COPYRIGHT
(1) All personal data is fundamentally kept confidential. Only data necessary for processing orders is stored. Membrana is in no way responsible for the way external services (Paypal and Stripe) store the data and how it is used in their respective services. By subscribing to the Membrana journal, the subscriber acknowledges and consents to use these services and acknowledges and agrees to their data protection policies.
(2) Membrana holds all copyrights, publishing rights, and intellectual property rights for delivered products. Any and all commercial re-use and dissemination of texts and photographs from the magazine and internet presence are prohibited.
Ljubljana, March 2021